908 Correction Orders 1995 BOARD OF HEALTH
MEMBERS
JOHN T.JOYCE,Chairman
ANNE BURES,M.D.
MICHAEL R.PARSONS,P.E.
PETER J.McERLAIN,Health Agent
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
210 MAIN STREET
01060
(413)586-6950 Ext.213
I ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY I
CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT:
908 Florence Road, Northampton, MA 01060
DATE: June 30, 1995
ORDER ADDRESSED TO: Elaine Yeskie
17 Fair Street
Northampton, MA 01060
COPIES OF REPORT TO: Donna Englaish
908 Florence Road
Northampton, MA 01060
This is an important legal document. It may effect your rights. You may
obtain a translation of this form at:
Isto a urn documento legal muito importante que podera afectar os seus
direitos. Podem adquirir uma tradgao deste documento de:
Le suivante est un important document legal. II pourrait affectar vos
droits. Vous pouvez obtenir une traduction de cette forme a:
Questo a un documento legale importante. Potrebbe avere effectto sui
suoi diritti. Lei pub ottenere una traduzione di questo modulo a:
Este es un documento legal importante. Puede que afecte sus direchos.
Ud. Puede adquirir una tradccibn de esta forma en:
To jest wazne legalny dokument. To moze miec wplyw na twoje
uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie:
NORTHAMPTON BOARD OF HEALTH
City Hall, 210 Main Sheet
Northampton, MA 01060
Tel #: (413) 586 - 6950 x217
The Northampton Board of Health has inspected the premises at
908 Florence Road, Northampton, MA (assessor's map 44 parcel 6 J,
for compliance with Chapter II of the State Sanitary Code.
This letter will certify that the inspections revealed violations listed below,
which are serious enough as to endanger or materially impair the
health, safety, and well-being of the occupants.
Under authority of Chapter 111, Section 127 of the Massachusetts General
Laws, and Chapter II of the State Sanitary Code,you are hereby ordered to
make a good faith effort to correct the following violations
within FOURTEEN DAYS of the receipt of this order.
REGULATION
VIOLATION
REMEDY
410.351
(1) Pantry
(a) Ceiling light fixture and wall switch
missing or defective....wiring
exposed.
(b) Wall electrical outlet not
operational.
(2) Kitchen
(a) Back left stove burner is not
operational; Burner switch will not
turn On/Off properly.
(b) Three electrical outlets installed
above counter and left of sink show
exposed wiring.
(3) Middle Bedroom
Electrical wall outlet&coverplate is
defective.
(4) Left Bedroom
2 electrical outlets are defective, as
cords must be jiggled around in order
to make contact.
(1 thru 4) Repair or replace all
missing or damaged electrical fixtures
noted in a manner which complies
with Electrical Code standards.
Repair/replace damaged kitchen
burner components.
410.480 &
410.500
Right Bedroom has an interior
designed door instaliled where an
exterior exit door is required. Also,
door will not properly lock.
Replace door with an approved
exterior door which is weathertight
and capable of being properly
secured.
410.482
Downstairs smoke detector is not
operational. No smoke detector
installed for the 2nd floor.
Repairlinstall operational smoke
detectors for both floor levels.
410.500 &
(1) Pantry wall with hole in wall.
(1) Repair hole in pantry wall.
410.501
(2) Bathroom with hole in floor in
(2) Repair hole in bathroom floor in an
corner along the wall/tub juncture
point.
approved manner.
(3) Kitchen window above sink:
Prime window missing....existing
(3) Install an approved, weathertight,
openable/closable/screened window
window pane is not weathertight and
not openable/screened to allow
adequate ventilation when desired.
for the kitchen.
If you have any questions regarding this abatement order contact the
Board of Health office.
Very truly yours,
David E. Kochan
Sanitary Inspector
Northampton Board of Health
This inspection report is signed and certified under the pains and penalties
of perjury.
CERTIFIED MAIL# P 076 177 752
HEARING
Persons have the right to seek a modification of an order. To accomplish a
modification, a person must file in writing a petition for a hearing before the Board of
Health. Petitions must be filed on time in accordnace with the regulations below:
A. Any person or persons upon whom any order has been served pursuant to any
regulation of this code (except for an order issued after the requirements of
Regulation 33.2 have been satisfied); provided, such petition must be filed
within seven days after the day the ordered was served;
B: Any person aggrieved by the failure of any inspector(s) or other personnel
of the Board of Health:
1. to inspect upon request any premises as required under this code;
provided, such petition must be filed within thirty days after such
inspection was requested; or
2. to issue a report on an inspection as required by this code; provided,
such petition must be filed within thirty days after the inspection; or
3. upon an inspection to find violations of this Article where such violations
are claimed to exist or to certify that a violation or combination of
violations may endanger or materially impair the health or safety and well-
being of the occupant(s) of the premises; provided, such petition must be
filed within thirty days after receipt of the inspection report; or
4. to issue an order as required by Regulation 33.1; provided, that such
petition must be filed within thirty days after the receipt of the inspection
report.
Any person upon whom this order has been served, or any person aggrieved by the
failure of the inspector to perform as enumerated above, has the right to be
represented at a hearing and any adverse party has a right to appear at said hearing
PUBLIC DOCUMENTS
All relevant inspection or investigation reports, orders, notices, and other
documentary information in the possession of the Board of Health are open for
inspection and may be copied for a fee.
REMEDIES AND PENALTIES
Part of the Inspection Report contains a brief summary of some legal remedies
tenants may use in order to get Housing Code violations corrected. Failure to comply
with this order also subjects the person ordered to a criminal fine of not less than ten
($10.00) dollars, nor more than five hundred ($500.00) dollars for each day's failure to
comply with this order.
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES
TENANTS MAY USE TO GET HOUSING CODE VIOLATIONS CORRECTED:
1. RENT WITHHOLDING (GENERAL LAWS,CHAPTER 239,SECTION 8A)
if Code Violations are not being corrected you may be entitled to hold back your rent payments. You can do
this without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough
to endanger or materially impair your health or safety and that your landlord knew about the violations
before you were behind in rent.
B. You did not cause the violations and they can be repaired while you continue to live in
the building or apartment.
C. You arc prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is
best to pot rent money aside in a safe place.)
2. REPAIR AND DEDUCT(GENERAL LAWS CHAPTER 111,SECTION 127L)
The law sometimes allows you to use your rent money to make the repairs yourself. If your local code
enforcement agency certifies that there are code violations which seriously endanger or materially impair your
health,safety or well-being and your landlord has received written notice of the violations,you may be able to use
this remedy. If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)
within five days after notice or to complete repairs within fourteen days after the notice you can use up to four
months' rent in any one year to make the repairs.
3. RETALIATORY RENT INCREASES OR EVICTIONS PROHIBITED (GENERAL LAWS CHAPTER
186,SECTION 18 AND CHAPTER 239,SECTION 2A)
The owner may not increase your rent or evict you in retaliation for making a complaint to the local
enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after
you have made the complaint Ire or she will have to show a good reason for the increase or eviction which is
unrelated to your complaint. You may be able to sue the landlord for damages if he or she tried this.
4. RENT RECEIVERSHIP(GENERAL LAWS CHAPTER 111,SECTIONS C-
H)
The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid
into court rather than to the owner. The court may appoint a "receiver"who may spend as much of the rent
money as is needed to correct the violation(s). The receiver is not subject to a spending limitation of four months'
rent.
5. BREACH OF WARRANTY OR HABITABILITY
You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does
not meet minimum standards of human habitability.
6. UNFAIR AND DECEPTIVE PRACTICES(GENERAL LAWS CHAPTER 93A)
Renting an apartment with code violations is a violation of the Consumer Protection Regulations for which
you may sue an owner.
THE INFORMATION PRESENTED ABOVE IS JUST A SUMMARY OF THE LAW.
BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE OTHER LEGAL
ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. TT YOU CANNOT
AFFORD AT ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES
OFFICE WHICH IS:
WESTERN MASSACHUSETTS LEGAL SERVICES 584 - 4034
20 HAMPTON AVENUE, SUITE 100. NORTHAMPTON, MA 01060