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44 Complaint & Inspection Geo Tracking #: ppDo Entered By Date Entered: 12113\ 'OOD_ WATER/SEWER HOUSING / SEPTIC HOARDING 'ESTS NUISANCE ODOR SMOKE POOLS NAIL SALONS BODYART OTHER Inspection Scheduled on: Ap .4m _ /t r—'Q'41 Ko-Rfrii.VG Sf1. its )MPLAINT INFORMATION: _ tua FRS+CIOC Date of Complaint: / 3 / IS mplaint Location: tt I £ YICc(2- Animals: Y/N Child Under 6: Y/N lure of Complaint: .-1L e d Ia- / Q -* C t L AGE 1>ffmnimon Why) /lgPe,E irt y`JQ f 1 link run CL tl OY fl Y i Q vof Loth ktAkdll-l�c PAC -- Cat. Q7O/7 , ihu5-eirtn o!Z- z ORTN �Lf c cyL MPLAINTANT'S INFORMAIIO : Lc'tick tie"- l ti yt e- --- aplainant/Occupant's Name: EB WII QU Telephone#(.1g) 3)C- S31(O Mailing Address: Alternate# ( )_ FIVER'S INFORMATION: ' ,.1� 'per's Name: 1)03,)101‘ �'U tixtzk.e, Address: ,Efil`/1 lephone#(14 ` 90i petty Mgr./LL: Address: Alternate# r' nplaint Unfounded: iditions Found: FA 2crsvi(eQ we9.Q tel '7/ s — G 3' ru4a4_...--.-5 tut_,_ 6r HON KEN: / / nature of Inspecting Officer Date/Time of Inspection 32 Strong Road Southampton, MA 01073 August 13, 2015 n: Lisa Boulerice 'his is in response to your threatening and harassing phone call at 5:50 AM on 8/13/2115. roil called me on Tuesday morning, 8/11/15 to report a refrigerator malfunction, and I promptly xl around 10 AM that day to attempt repair. After checking the appliance, it was evident to me a echnician would have to be called to remedy the problem. 'hat morning I called a technician who informed me he was booked with service calls until early next then called a second tech who returned my call around 5PM. He stated he could be at your apartment t-9:30 AM Wednesday, 8/12/15. I gave him the OK to make the service call, and I called you shortly ;r. You agreed and said you would be at the apartment. You called me around 9AM on 8/12/15 stating you requested the removal of the technician's shoes tering the apartment. Upon being informed of this and not being in agreement, he then left the premises re off. 3ecause he did not comply with your"deeply held spiritual belief' of shoe removal, and also has the refuse service in work situations he finds unsatisfactory, you then came back at me with threatening and g phone calls before 6AM in the morning! >,s a result of your actions,beliefs, and demands, let me suggest that you find and pay the cost of a in who will cater to your requests. I have tried my best to work with you to correct this situation only you foil the actions of myself and others. kdditionally, please be advised of a notice of rent increase which will be mailed to you in the near tents in Northampton have sky-rocked recently, and we must adjust our rental fees accordingly. astly, be on notice that a copy of this letter will be forwarded to our attorney. Sincerely, David I Munska Northampton Health Department 212 Main Street Northampton,MA 01060 EA cc �e�* 3( 'X"�°" (413)587-1214 , t U Inspection Form State Sanitary Code 105 CMR 410.000: Chapter II,Minimum Standards of Fitness for Human Habitation L S Tim 2----4-15 an�ii j M Occupants U Children<6 Years /k A- is Violation Observed fCC Phone ,7-/7 .? 320 - <}'3/Cp tNe a 21,91- rt4, Q /V Ci5CfrO$t SE— 4✓F-- City/Town hitse *-tPak - - - lame t)crVt0 it-IJ(I54A Phonett 5»? - 1b 1` - c� .YQ w‘ fki. 1 p� �� ,ddress 32 5rEb..I/P �'A-f. t%.%7 �r' � �`� City/Town i)0a10.'R a &^ Zip Code 2'7) r c77 'i[t'++t- Title - /3-z55 -5-7os Type of Violation Possible Code Section(s) is Violation Observed Responsible Party Description o m w.r I riker mechanism(4 or more units) its n0th2- RFQUI refs Kew/ 480 Td !%/)101rc k /-r t%.%7 ting,ID,Exit signs/emergency lights 481,483,484 idrails,ste doors, doves,roof-maintenance Y>oa 6Lnass 500,503 lsb yt ?C ara they tight eleme is 501 fbish-storage and collection 600,601 d maintenance-trash,debris,vegetation 602 intenance of area 500 ars,lights,windows-weather tight,maintenance 501,500 ess-means,obstructed,safe 450,451,452 'drails-provided,maintenance 503,500 hts 254 or,walls,ceiling-maintenance 500 lings,stairs 503,500 ors,windows-weather tight,maintenance 501,500 cation(circle): Front Rear Middle Floor Level of Unit irigerat k£fr17:ovei ven-good repair,impervious 100 Gc...\rs, _s rThe-r 10sr/i-fr-aai teaSc 2a..� f smooth - - gk,wks • 81‘,c et kg Lt ra-e--, or,walls,ceiling-maintenance 500 tlets,lights 251 ndows,screens-weather tight,lock,maintenance, rvided 501,480,500, 551 n-absorbent floor 504 or,walls,ceilings 500 tlets,lights 250 ndows,screens-lock,weather tight,maintenance, avided 501,480,500, 551 Type of Violation Possible Code Section(s) hf Violation Observed Responsible Party Description Palm,' Omura" rs,walls,ceiling 500 ets,lights 250 dows,screens—weather tight,locks,maintenance, 'ided 501,480, 500, 551 rs,walls,ceiling 500 ets,lights 250 dows,screens—weather tight,locks,maintenance, Tided 501,480, 500, 551 Ts,walls,ceiling 500 lets,lights 250 dows.screens—weather tight,locks,maintenance, Tided 501,480, 500, 551 ,shower,tub—impervious,maintenance 150,500 3s,outlets 250 tilation—natural,mechanical 280 rts,walls,ceiling—maintenance 10,0 s,itcT)&' p3yeoS eLA s 500,504 10 ff' ` 500,501 Ar fey 74 hf i2`RF 6OT ntenance,weathertight sting 253 I Type(circle): Public Private able,quantity,pressure 180,354 ponsible for paying MGL ch 186 s 22,metering it Type(circle): Natural Gas Oil Electric Other np.: °f Location taken: 190 .0°f min-130 max°f ae(circle): Forced Hot Water Forced Hot Air :am Electric 200,201 portable units Bathroom °f !bitable room and every room with toilet,shower, Kitchen °f Living Room °f Min 68°f 7:0Oam-10:59pm Min 64°f 1100-6:59am Bedroom 1 °f Bedroom 2 °f 78 F max in heating season/measure 5 feet wall,5 feet floor roper TM99A-UL Digital Thermometer used to Ike temperature readings pe(circle): 110 220 Amp: merage,temporary wiring,metering 250,255,256,354 wired&operational 482 lte:CO detector not needed for all electric! e of pests/harborage 550 dbugs/cockroaches/rodents-evidence 550 map FJ J jrnkeiAde /401.5 J7hJP '7-CS Qgail/Mt0 Un CZ i in CZ tn) WnSr 1Y3 �'74-JF — t IeV ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other !ction report is signed and certified under the pains and penalties of perjury. Signature :or Occupant's Representative Signature :tion Date Time 'indicates that this housing inspection has revealed conditions which may endanger or materially impair ealth,safety,and well-being of any person(s)occupying the premises lement Code Citation and Description of Violation 10.990: continued THE FOLLOWING I.S ABRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE Di ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. 1. Rent Withholding(General Laws Chapter 239 Section SA). if code Potations are Not Being Corrected,von orgy be entitled to hold backs r rent prone,_ au ran do this unborn being erg red if A. You can prove that your dwelling unit or common areas contain violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew an=bout the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live i n the building C. You are prepared to pay any portion of the rent into court if a judge orders you to pay for it. (for this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(G e n e r a l Laws Chapter 1 1 1 Section 124L). This law sometimes allows you to use your rem money to make the repairs yourself_ If your local code enforcement agency cedes that there are code violations which 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 tobegin nece..smy repairs(or enter into a written coronet to have them made)within five days after notice or to complete repairs within 14 days after--notice you can use up to four mouths'rent in any year to make the repairs. 3. Retaliatory Rent Increases or Eviction Prohibited(General Laws Chapter 186, Section 18 and Chapter 239 Section 2.A). The owner mar not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises your rent or flies to evict within six months after you have made the complaint he 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 tries this. 4. Rent Receivership(General Laws Chapter 111 Sections 127C-H). The occupants andbr 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 then appoint a"receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four mouths'rein. 5. Search of Warranty of Habitability. You may be entitled to sue your landlord to have all or someof your rent etmned if your dwelling rut does net meet minimum standards of habitability. 6. Unfair and Deceptive Practices(General Laws Chapter 93A) Renting an apartment with code violations is a violation of the consumer protection act and regrilatious for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANYLEGAL ACTION IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY.YOU SHOULD CONTACT THE NEARESI LEGAL SERVICES OFFICE WHICH IS' (NAME) (TELEPHONE NUMBER) (ADDRESS) 105 CMR 410 state Sanitary Code Regulation# Description X Conditions may endanger or impair health, safety or well-being Compliance Date Days from inspection date Re- Inspection Violation Corrected Yes/No 480 Lock: 410.480: Locks Owner's responsibility to abate within 30 days Abate by 10/5/2015 /tilt r ,,,,,r, ,0 �'O' _ ... (F) Locking devices shall comply with the requirements of 780 CMR 1017.4.1 to avoid entrapment in the building. Main entry door requires use of key to exit locked dwelling unit-check with building inspectors for advice(the lock that provides security to unit needs to operate from inside without key for ease of exit, i.e. has thumbtum on deadbolt) 500 Front door: loose glass in main door. 410.500: Owner's Responsibility to Maintain Owner's responsibility to abate within 30 days 10/5/2015 Ia/7/7? r gpM7� Structural Elements Every owner shall maintain the foundation,floors, walls, doors,windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent-proof,watertight and free from chronic dampness, weathertight, in good repair and in every way fit for the use intended. Further, he shall maintain every structural element free from holes, cracks, loose plaster, or other defect where such holes, cracks, loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. 410.501:Weathertight Elements .. (8) An exterior door or a door leading from a dwelling unit to a common passageway shall be considered to be weathertight only if: (1)all panes of glass are in place, unbroken and properly caulked ... 351 Kitchen sink faucet: 410.351: Owners Installation and Maintenance Owner's responsibility to abate within 30 days 10/5/2015 5,74yeZ rl. ri LEsixgx O star /0Ii t/, 7 - /4..4/y19 . 5 ft ei t 'au-r sz Responsibilities The owner shall install or cause to be installed, in accordance with accepted plumbing, gasfitting and electrical wiring standards, and shall maintain free from leaks, obstructions or other defects, the following: (A) all facilities and equipment which the owner is or may be required to provide including, but not limited to,all sinks, washbasins, bathtubs, showers, toilets, waterheating facilities, gas pipes, heating equipment,water pipes, owner installed stoves and ovens, catch basins,drains, vents and other similar supplied fixtures, the connections to water, sewer and gas lines; the subsurface sewage disposal system, if any; all electrical fixtures, outlets and wiring, smoke detectors and carbon monoxide alarms,and all heating and ventilating equipment and appurtenances thereto ... observed: kitchen faucet shuts off with consistent difficulty; sprayer hose loose(check for leaks and tighten) 500 Window over tub: 410.500: Owner's Responsibility to Maintain Owner's responsibility to abate within 30 days 10/5/2015 44`x') Structural Elements Observed: window drops(hinges on lower edge), has no safety chains to take strain off hinge and mounting screws Observed: house appears to have been rewired (knob and tube replaced); but no insulation. If not already done, recommended owner contact MassSave for low-cost insulation. Not an order Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work-personlike fashion and restoring all parts of the dwelling, or unit thereof,to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations,such as, but not limited to building, plumbing and wiring that the appropriate official certifies that the work has been completed in accordance with applicable laws and regulations. npton Mail-44 Woodbine Avenue: Orders to Correct https://mail.google.com/mailIu/0/?ui=2&ik9954d8032f&view=pt&... agY of Nothampton Ed Smith <esmith@northamptonma.gov> oodbine Avenue: Orders to Correct sages th <esmith @northamplonma.gov> Mon, Aug 31, 2015 at 10:11 AM d.munska @gmail.com Mr. Munska- 27/15 I conducted an authorized inspection of this property, and found 4 items that needed correction. I am ling a copy of the orders (regular and certified mail copies are going out as well). e contact me with any questions that you have so that I may be of assistance. rely nith Ind Smith h Inspector ampton Health Department /lain Street, Northampton MA 01060 587-1339 tar Schedule: Monday&Wednesday, 8-4:30; Thursday 8-12 noon. CC108312015_0003.pdf 1673K ith <esmith @northamptonma.gov> 3agleheart3@gmail.com Lisa- forwarding you the email I just sent out to your landlord. rely nith d text hidden] 0C108312015_0003.pdf 1673K Mon,Aug 31, 2015 at 10:12 AM Du!erica<eaeagleheart3 @gmail.com> Mon, Aug 31, 2015 at 10:19 AM Smith <esmith @northamptonma.gov> k you very much! d text hidden] ith <esmith©northamptonma.gov> 3 Boulerice <eaeagleheart3 @gmail.com> Wed, Sep 2, 2015 at 1:23 PM it to make sure you have a copy of this document(from the Housing Code) -tenants rights(Jon Fisher may have ioned these). 1 text hidden] I/21/2016 10:37 AM npton Mail-44 Woodbine Avenue:Orders to Correct https://mail.google.com/mailIu/0/?ui-2&ik=9954d8032f&view—pt&_. :C109022015_0002.pdf i41 K tulerice<eaeagleheart3 @gmail.com> Wed, Sep 2, 2015 at 1:42 PM Smith <esmith @northamptonma.gov> le did. But thank you very much:)! I text hidden] th <esmith @northamptonma.gov> Wed, Sep 2, 2015 at 4:37 PM Boulerice<eaeagleheart3 @gmail.com> a - note-I did meet with Mr. Munska and he is entirely willing to make the ordered repairs. We discussed at length risibility of there being cross-metering; he stated that there are only two units in the building and that the wiring seperate services (furnaces etc.) and even the lighting in the basement are divided. He's quite confident that arvices are separate. I am not qualified to analyze the wiring and I know that the Northampton Electrical inspector to firm about occupants needing to engage an electrician at their own expense to pursue a situation like this. away next week and am expecting a call from Mr. Munska when he has finished the repairs. rely pith I text hidden] wlerice<eaeagleheart3 @gmail.com> Wed, Sep 2, 2015 at 4:43 PM Smith<esmith @northamptonma.gov> k you for that! Let's hope it goes smoothly:). there any discussion about insulation in the basement ceiling? k you, d text hidden] ith <esmith @northamptonma.gov> t Boulerice <eaeagleheart3 @gmail.com> course of talking about wiring, I said that I could see the investment in rewiring and that if not insulated Save was worth a call. We didn't linger on that though. say, and this is free advice,worth only what you paid for it-the shoe incident deeply embarrassed Mr. Munska would not press the issue if possible. rely Thu, Sep 3, 2015 at 8:28 AM d text hidden] oulerice<eaeagleheart3 @gmail.com> Thu, Sep 3, 2015 at 6:45 AM Smith <esmith©northamptonma.gov> k you. wry but I do not understand? It embarrassed him how???? I don't get it and would very much like to understand what you are trying to say because I value you and any e you would offer!! as been removing his shoes every time he had entered my apartment over this past year. It was never a problem the repairman (who clearly did not want to be there) refused and left abruptly. 121/2016 10:37 AM npton Mail-44 Woodbine Avenue:Orders to Correct https://mail.google.com/mail/u/0/?ui=2&ik=9954d8032f&view=pt&... ouched upon a couple of times, I believe there is MUCH more going on and has been for quite some time. dnska is very good at portraying himself as something other than he actually is:(! ks very much, ]text hidden] >ulerice <eaeagleheart3 @gmail.com> Smith <esmith @northamptonma.gov> to mean the shoe incident with the repairman??? Because it doesn't make sense? If he was embarrassed why did lye threatening letters two days in a row the day after the incident with a retaliatory rent increase and a written al to make any repairs?Also complete refusal to respond even verbally. Let's not forget that I Also went with out a gerator for way too long because of his refusal to fix it! a not embarrassment...that's inappropriate anger that in my opinion could use some attention. 3ps his embarrassment was in being caught and having to own up. Tian is a very good actor and I think you have been snowed by the nice guy routine, N I was:(! d text hidden] Thu, Sep 3, 2015 at 8:55 AM ith <esmith @northamptonma.gov> t Boulerice<eaeagleheart3 @gmail.com> aps you are right, that there is more going on than I need to know; at any rate, there are only 4 straight forward ctions to make and I will look forward to reinspecting. rely nith d text hidden] Thu, Sep 3, 2015 at 9:07 AM >ulerice<eaeagleheart3 @gmail.com> Thu, Sep 3, 2015 at 9:14 AM Smith <esmith @northamptonma.gov> a wonderful week off God knows you deserve it k you again. I appreciate you integrity and your obvious respect for clear and healthy boundries. tst, d text hidden] 1/21/2016 10:37 AM CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS:Donna Salloom, Chair—Joanne Levin, MD—Suzanne Smith, MD STAFF Merndiith O'Leary,RS,Director-Daniel Wasiuk Inspector-Edmund Smith.Inspector-Jenn✓r Brown.RN,Nurse CORRECTION ORDER Issued under the Provisions of The State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation 105 CMR 410.00 wgust 31, 2015 tttn: David Munska 2 Strong Road Southampton MA 01073 )ear Property Owner/Manager: to authorized inspection was made by a designee of the Northampton Health Department of your iroperty located at 44 Woodbine Avenue, Northampton, MA on August 27,2015. 'Cu are hereby ORDERED to correct these violations within the noted time limit. Failure to comply within he allotted time period may result in a criminal complaint against you. 'ou have a right to request a hearing before the Board of Health. This request must be made by you, in writing, and filed within 7 days after the violation has been corrected. If you request a hearing, all affected parties will be informed of the date, time, and place of the hearing, and of their right to inspect Ind copy ail records concerning the matter to be heard. The petitioner has the right to be represented at he hearing. Sincerely, Edmund Smit , ealth Inspector :ity of Northampton Health Department Occupant ,r4 = 3-ci Tom- /J/B//ar- t -Tusr_israr ate Cum! S/CI A 0'S CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS:Donna Salloom, Chair-Joanne Levin. AID -Suzann Smith. MPH MD William Hargraves-Cynthia Suopis, PhD STAFF:Merridith O'Leary.RS.Director -Daniel I asiuk Inspector-Edmund Smith. Inspector-Lisa Steinbach Rh.Nurse 21,2015 rid Munska g Road pton MA 01073 perry Owner/Manager: onsider this a letter of compliance for a violation notice sent to you by the Northampton Health ent dated 8/31/2015 for property located at 44 Woodbine Avenue, Northampton,MA. the owner/manager of record and are therefore responsible for maintaining the property in accordance :e and local law. This office will continue to monitor the property to ensure it continues to be cleaned, ed and does not represent any public health and safety threat. You are mandated to do the same. for your cooperation. _ Smith, Health h Inspector pton Health Department Note: This is an important legal document that might affect your rights. Este es un documento legal importante que podria afectar sus derechos.. 212 Main Street,Northampton,MA 01060 Ph(413)587-1214 Fax(413)587-1221