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491 #1601 Order to Correct 2008 BOARD OF HEALTH MEMBERS !OSEMARIE KARPARIS,R.N.,MPH ONTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health and Meczywor,R.S.,Sanitary Inspector iota Abbott,R.N.,Public Health Nurse OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON 212 MAIN STREET NORTHAMPTON,MA 0106( TEL.(413)587-1214 FAX(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION"AND/OR MGL, CHAPTER 111, SECTIONS 122-127, ABATEMENT OF NUISANCES AT: February 26, 2008 Sarah Tones Tel. (413) 584-7590 Assistant Manager Meadowbrook Apartments 491 Bridge Road Florence, MA 01062 RE: Meadowbrook Apartments, 491 Bridge Road, Apt. 1601 Dear Ms. Tones; A representative from the Northampton Board of Health conducted an Inspection on February 26, 2008 at the premises located at Meadowbrook Apartments 491 Bridge Road, Apt. 1601, Florence, MA 01062 owned, occupied, or operated by you, for compliance with CHAPTER II OF THE STATE SANITARY CODE, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION,AND/OR CHAPTER III, SECTIONSECTIONS 122- 127,ABATEMENT OF NUISANCES, OF THE MASSACHUSETTS GENERAL LAWS. This letter will certify that the inspection(s)revealed violations listed below. ARTICLE H 410.000 VIOLATIONS MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION,AND/OR CHAPTER III SECTION 122-127, ABATEMENT OF NUISANCES OF THE MASSACHUSETTS GENERAL LAWS: EXTERIOR/ENTRANCE TO BUILDING .481 The Owners name, address, and telephone number is not posted on the building or in the entranceway in accordance to the requirements of this code. ORDER: Owners name, address, and telephone number must be posted and maintained on dwelling adjacent to the mailboxes or in the entranceway, visible thought the entrance door window for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. IT MUST BE CONSTRUCTED ON NOTICE OF DURABLE MATERIAL, NOT LESS THAN 20 SOUARE INCHES IN SIZE,BEARING HIS NAME ADDRESS AND TELEPHONE NUMBER. NOTE: IF OWNER RESIDES I N THIS BUILDING THE OWNERS POSTING IS NOT REQUIRED PAGE 2. MAIN HALLWAY ENTRANCE .500 Radiator—end plate missing ORDER: Replace missing end plate Torn rug in entrance hallway ORDER: Repair or replace torn rug in entrance hallway TOILET ROOM .500 Hole(rusted area) in radiator cover behind toilet ORDER: Repair, cover hole(rusted area) in radiator cover behind or replace radiator cover FRONT CORNER BEDROOM .500 Several holes/tom rug in entrance to front corner bedroom ORDER: Repair holes or replace rug STAIRWAY .500 Torn rung on stairs ORDER: Repair holes or replace torn rug on stairs .500 Tom rug on top stairs landing ORDER: Repair holes or replace torn rug on stairs landing .500 Two dry rotted, broken and sunken floorboards one on second floor hallway landing and one on the corner bedroom (right) entrance ORDER: Replace the two or more dry rotted, broken and sunken floorboards one on second floor hallway landing and one on the corner bedroom (right) entrance REAR CORNER BEDROOM .500 Water damaged/water stained window sill board ORDER: Sand down and repaint or varnish water damaged/water stained window sill board PAGE 3 Under authority of ARTICLE II, 105 CMR 410.000, MINIMUM STANDARDS FOR HUMAN HABITATION AND M.G.L., CHAPTER 111, SECTIONS 122 TO 125,ABATEMENT OF NUISANCES you are hereby ordered to make a good faith effort to CORRECT THE FOLLOWING VIOLATION(S) AS INDICATED IN THE ORDER AND NOTIFY THIS OFFICE AT 587-1213 WHEN ALL VIOLATIOS ARE CORRECTED. IMPORTANT NOTE: PLEASE NOTIFY THIS OFFICE AT 587-1213 WHEN ALL OF THE VIOLATIONS ARE CORRECTED TO ARRANGE FOR A RE- INSPECTION. IF ALL OF THE VIOLATIONS ARE NOT FOUND TO BE CORRECTED AT THE TIME OF THE RE-INSPECTION AND ANOTHER RE- INSPECTION IS REQIRED, THERE WILL BE A $75.00 RE-INSPECTION FEE FOR EACH RE-INSPECTION REQIRED. Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A request must be received in writing to the office of the Board of Health within seven (7) days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. You have the right to be represented by an attorney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, orders, notices and other documentary information relative to this property. If these premises are occupied as rental housing, the occupants are entitled to their statutory rights and remedies. As required in 410.812(B), I am enclosing a copy of these rights and remedies as an attachment to this document entitled, "THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES". Please feel free to contact me at the Board of Health office, at 587-1213, if you have any questions concerning this matter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified under the pains and penalties of perjury. Sincerely, Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health EMAIL: emathieu@northamptonma.gov cc: Lisa Campbell 491 Bridge Road Apt. 1601 Northampton, MA 01060 Certified Mail # 70062760000522430028 PAGE 4 (ATTACHMENT) THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. I. Rent Withholdinp(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 your rent. B) You did not cause the violations and they can be repaired while you continue to live in the building. C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the 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 our local code enforcement agency certifies 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 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 14 days after notice you can use up to four months' rent in any 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 your local code enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show 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 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 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 months' rent. 5. Breach of Warranty of 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 habitability. i. Unfair and Deceptive Practices(General Laws,Chapter 93A). tenting an apartment with code violations is a violation of the consumer protection act and regulations for which you nay sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. tEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT IS LDVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN LTTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: YESTERN MASSACHUSETTS LEGAL SERVICES PO HAMPTON AVENUE SUITE 100, IORTHAMPTON, MA 01060 gL 413-584-4034