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34 Complaint 2002 3/20/02 Dear George Smarz Sr., cc: The Taylor Agency (Lee-Ann Derwicki Conner), This letter is to let you know that on April first, I will be vacating the apartment on 34 Woodbine Ave., first floor, because of the substandard conditions the apartment was in when I moved in, and is still is in, on this day, 3/20/02. The day I moved in, March 15th, I was met by George Smarz Jr., who spent two and one half hours going through the apartment, trying to put together a "condition statement". He refused to take my input. For example, in one of the rooms, there are water marks and cracks - on the "condition statement", he marked that the ceiling was "in good condition" and "clean". I stopped him after a while, convincing him that the apartment was in such had shape that it was impossible to accurately appraise the condition. He eventually agreed with me and left before and 1 did not sign any papers but the rental agreement, which he did not provide me with a cop} oL In lew of the "condition statement", I went around the apartment on March 15111 and took photographs of the condition of the apartment, for my protection, which I could provide. On the afternoon of 3/15/02, I called Lee-Ann Derwicki Conner from The Taylor Agency, on her cell phone and told her my dissatisfaction over voice mail. I left four messages for her and she did not return my calls. The next morning, I called her again and she told me, "our business is over". She told me that I was on ntg own, that she would not mediate or call the landlord on my behalf. She told me my only recourse was to give thirty days notice. According to Dorothy Smarz, as of 3/19/02, the Taylor Agency had still not given the landlord, George Sr. and Dorothy Smarz (1 Primrose Path, Hatfield, Mass 01038) any monies. Since the Taylor Agency was still in possession of my money, I feel that our business was not over, and that The Taylor Agency has a responsibility to me, their client. I feel they did not hold up their end of the bargain. Lee-Ann Derwicki Conner placed me, her client, in a substandard apartment with a landlord who is not holding to his end of the rental agreement, and was completely incommunicative (if not downright rude) when I asked for her help, I am asking to receive back the commission I paid to The Taylor Agency. he apartment is infested with bugs. I have seen bugs in all of the rooms, especially in the kitchen and the back room. The refrigerator is filthy inside with crumbs of rood and grime from the previous tenant. There are shoe marks and hand prints on the walls and there is a patch of one of the walls where a large portion of paint has been scraped off. The kitchen and bathroom are filthy with grime and garbage from the previous tenant, and belongings of the previous tenant were thrown behind a door in one of the rooms. The screen door (front door) is broken. The toilet was broken (George Smarz Sr. fixed the toilet), and, as of today, 3/20/02, at 12:03 pm, the Dil tank is just below three-quarters full. Fhe landlord told Inc and it is in the rental agreement, that the oil tank must be full vhen i vacate the premises. The tank was not filled before I moved in, and this is a )reach of the rental agreement. As far as the bugs go, George Smarz Sr. took a bug to in exterminator and came back telling me that there was nothing he could do about he bugs. I can not use one of the rooms, the room that i had planned to use as a yedrootn, because of the amount of bugs that are crawling around in it. [he upstairs neighbors are extremely loud, until all hours of the morning. The afternoon I moved in, the upstairs neighbor warned me that this would be the norm. the told nie that her husband comes home very late and they are awake and would be making noise every night. On the night of March 15th, I was kept awake until well after four am. This disturbance will be an ongoing problem, as the woman actually (yarned me that it would be. As of 12:00 pm, 3/20/02, I still have not been given a copy of the rental agreement that I signed, by George Smarz Sr. I have called and asked for it every day since I moved in, but I still have not been provided with my copy. Dorothy and George Smarz Sr. agreed with me that the kitchen, front entry and back room needed painting, but when I pressed George Smarz Sr. to tell me it he was honestly going to repaint the front entry, kitchen and back room, he would not commit to actually saying that the rooms would be painted. He said "I'll do what I can". They agreed with me that the apartment was filthy, but would not agree to hire a cleaning service. They told me they would clean it themselves, but they still haven't. So far, George and Dorothy Smarz Sr. said that they would clean the apartment, and they haven't; They said they would fill the oil tank, and they haven't; They said they would get rid of the bugs, and they haven't; They said they would provide me with a copy of the rental agreement, and they haven't. I feel that, for all of these reasons, I need to vacate the premises on the grounds of breach of contract on the landlord's part, inadequate service from the Taylor Agency, and substandard condition of the apartment. I am asking for my money back, except for the 5400 for the period that I occupy the apartment (March 15th April 1st). On 2/19/02, I paid out to Taylor Agency: 1. $400 - First Month's Rent 2. $800 - Last Month's Rent 3. $800 - Security Deposit 4. S400 - Taylor Agency Fee "Deposit to Reserve Rental' Sincerely, M; e La tu-�• Mari £ 1 BOARD OF HEA CITY HALL COMPLAINT REC Date: 3-ev-0 Z (Time: Map: ZSC Parcel: 4141 Name of Complainant /29/C94rL m4f/S Address: �* �' 2V BJNE 19)1kAVr 4 e'X I IT el675 r cf JG.T- NATURE OF COMPLAINT: T✓rvED av �s r T /Di - - rs �x>�i J.-./,e Pl9 -.- 845>,7 vtf/. cez;aaew;f6 TyoC.ft 7/e/390%19 zy µ6i(0 etp,(76. ' f/b,,,e,y • L.rO C(Gnn ,,✓' - Acp'rr, G'm r c(bf4 'p • —/VFfnv . ... Location: Owner: 6Go/c-tr S/L7.9f2',S,P ' Address 6 Taken by: CZ t' I Date of Inspection L -co-cL INSPECTOR'S REPORT: 1TeL2V7-.7-99 Time:2.3o y/r) C.xp' &NEB n w F?NF(s (7' :5J 'w 3cc.n rid][ U - _f ' - C enc V-/ r ::.,. c �G/cl: OPS . pR,-.... -- � MrC6 M FL'r r-r/GC W/¢iS J,, -,�..a-cJ bha: a t.4a6n:c l':Fs Ypna Photolq Taken Clink Box If YES Action Taken: a Inspector,Si nature 19-so'ooJ°nu v Lo,.-r.1-e7 -OZ 00.-l6'no) No /AL7He/crs DARD OF HEALTH MEMBERS DOURMASHKIN,R.N.,Chair aRD P.BRUNSWICK,M.D. EMARIE KARPARIS,R.N. J.McERLAIN,Health Agent (413)587-1214 FAX(413)587-1221 1 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01080 R TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: 34 Woodbine Avenue, r Floor, Northampton, MA 01060 DATE: March 21, 2002 ORDER ADDRESSED TO: El COPY COPY OF REPORT TO: George Smarr Sr. 1 Primrose Path Hatfield, MA 01038 Michael Marisi 34 Woodbine Avenue, 1° Floor Northampton, MA 01060 This is an important legal document. It may effect your rights You may obtain a translation of this form at: Isto 6 um 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 Street Northampton, MA 01060 Tel#: (413) 587- 1214 The Northampton Board of Health has inspected the premises at 34 Woodbine Avenue. 1" FI. Northampton, MA(assessor s map 25C parcel 44.), 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 III, 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. 1TION VIOLATION REMEDY Refrigerator/freezer has not been adequately cleaned by owner prior to renting of apartment to current tenant. Soiled surfaces and food debris still apparent on the inside of unit. Clean and disinfect all interior refrigerator/freezer surfaces thoroughly. (1) Entry foyer walls soiled, smudged; in need of re-finishing. (2) Kitchen upper walls with cracking plaster and some small holes; Lower tiled walls soiled...with smearing. (3) Bedroom walls with a few cracking areas; ceiling also with cracking and peeling surfaces. (4) The top surfaces of all decorative upper interior window cornices are caked with dust. (1) Re-finish foyer walls in an approved manner which will render them clean, uniform and easily cleanable. (2) Repair cracks and holes and re- finish upper kitchen walls in an approved manner which will render them clean, uniform and easily cleanable. Clean lower wall tiles thorough/v. (3) Repair cracking /peeling surfaces and re-finish surfaces in an approved manner. (4) Clean all upper decorative window cornices so as to remove all dust accumulation. Insect infestation throughout the apt. Live and dead bugs noted which appear to be in the Hemiptera or Coleoptera family of insects. Take whatever action is required to eliminate this insect infestation. Inspection of the premises was made on March 20, 2002 at approximately 3:30 p.m. NOTE: This apartment was not properly or adequately cleaned and prepped prior to occupancy by the current tenant who informed me that he moved in last week. 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# 7001 2510 0004 8173 5044 1 ( , ... to , - '-' , ' tor. rs 4 )ARD OF HEALTH MEMBERS DOURMASHKIN,R.N.,Chair RD P.BRUNSWICK,M.D. RIE KARPARIS,R.N.,M.P.H. I.McERLAIN,Health Agent (413)587-1214 AX(413)587-1221 CITY OF NORTHAMPTON ): George Smarz Sr. 1 Primrose Path Hatfield, MA 01038 MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH a COPY 2OM: Northampton Board of Health City Hall, 210 Main Street, Room #8 Northampton, MA 01060 210 MAIN STREET NORTHAMPTON,MA 01060 May 14, 2002 Re-Inspections of Premises at 34 Woodbine Avenue, Northampton, MA At your request, I made a re-inspection of the premises at 34 Woodbine Avenue, 1st Floor rartment on May 13, 2002. I was accompanied by Dorothy Smarz. Violations noted in the lard of Health Abatement Order (Certified Mail # 7001 2510 0004 8173 5044) and dated arch 21, 2002 have been corrected to the satisfaction of the Board of Health. Since you are in litigation and expressed concern that the complaint order seemed to Mect violations more serious then they actually were, I feel that I should qualify exactly what is ordered corrected. My interpretation of code violations is based on over 30 years experience involved in ;pectional services. While there can be varying opinions, it is the opinion of this inspector 3t all the violations noted in this order could be deemed minor, including the insect 'estation. This type of bug infestation commonly occur during warming spells when there a ongoing weather changes, and which usually runs its course as a little time passes. (The ipty apartment also facilitated this minor infestation). This statement is also made with me expertise in the field since I have a BS degree in entomology from the University of 3ssachusetts. If need be, I am sure the exterminator hired could verify this. All of the violations abated could have been corrected through cooperation between cant and owner and while the premises were being occupied. The premises were certainly bitable at the time I made the inspection. It was obvious to me that the premises had been Bpped for occupancy but it could have been done in better fashion, especially with regard visual and structural elements which are in no way serious health hazards (smears, soiling, ipping, cracks). Should you have any further questions regarding this matter, please contact me at the iard of Health office. Very truly yof 7s Yid David E. Koc. -n Sanitary Inspector Northampton Board of Health