491 BLDG 2 UNIT 14 Complaints/18/2007 10:20 14135858322
MEADOWEROOK PAGE 02
Meadowbrook Apartments
491 Bridge Road
Florence, MA 01062
account
491 Bridge Road Apt. 0214
Florence, MA 01062
Dare Reported: N//10,2006 Telephone:
Reported by: Thomas Kenogg
Brief Description: caulking around tub and Wex
Assigned tot
Problem DesnlpRom gave permission to ends for Tuesday July 11
Work Completed by:
Mart Time:
ecben Taken:
Materials Used:
Aaesa:
work Order No. 23831
Unit Number 0214
OK to Enter? No
Gyteport': Plumbing
Deb Competed: 07/11!2006
Finish Time
SOWS: Work Completed Priority: 3-Routine
Work Order No. 23831
Unit Number 0214
Pull Description: deans with tykax and replaced caulking
Technician Notes: Corey and anthony 07/11/2006
Signor
Primed 1/18/2007
8 2097 10:29
14130C0CaZZ
Meadowbrook Apartments
491 Bridge Road
Florence, MA 01062
ERVICE . Et 'tJ
count
491 Bridge Road Apt 0214
Florence,MA 01062
to Reported:
epwled by
IS Description:
;signed to:
roblem DettYiption:
Imo Compkted by:
an:Time:
:Pon Taken:
ateriels Used:
tells:
June 30,2006
Thomas Kellogg
Telephone:
Access:
g al/room Tk
D uring annud lnspeCtons noticed the Ming.
Work Order Na 23411
Unit Number
OK to Enter? Yes
Category:
0214
Date Completed: 07/10/2006
Welsh rim:
work Completed
Monty: 2-Corrective
lull Description:
redinidan Notes
put down with liquid nail
Work Omer No. 23411
Unlit Number
0214
Wray and anthony 07/10f2006
Signed i
Printed 1/18/2007
8/24itl( ltl:Zu 141sDtloao[G
Meadowbrook Apartments
491 Bridge Road
Florence, MA 01062
sEfit'.V 1:P,t.• ititq UEsL`
count;
491 Bridge Road Apt.0214
Florence, MA 01062
ate Reported:
sported by:
let Description:
panned to:
robiem DescdpSM:
Pork Completed by:
art Time:
Dion Taken:
aterlats Used:
fetus:
June 30,2006
Thomas Kellogg
Telephone:
Access:
Bathroom Vent
During annual Tspatios noticed vent needs cleaning
Work Order No. 23410
Unit Number 0214
OK to Enter? Yes
Date Completed: 07/10/2006
Finish Trine:
Wok Conprzed
Priority: 2-Comedies
Desolpdor::
llchnidan Notes:
Work Order No. 234W
Unit Number
leaned and painted vent
0214
Corey and an hony 07/10/2006
Signed:
Printed 1/18J2007
8/21dW( 1U:2b 1V1.17dDGOLL
MCFUJUVIDNUlliN
Meadowbrook Apartments
491 Bridge Road
Florence, MA 01062
SEF ?'�I CE' REQ 1ELST
worst:
491 Bridge Road Apt.0214
Florence, MA 01062
ite Repotted: November 23,2005 Telephone:
Acres:
Work Order Ne. 11379
Unit Number 0214
ported by Thomas Ke11099 OK to Enter? Ygs
lee Description: Bathroom Ceiing
signed to: Category:
oblen Description: Slated Bathroom oiling has mold on R,from previous Imk.ay
ork Q,mpetad by:
et Time:
lion Taken:
rtade s Mod:
ado:
Dale Completed: 02/15/2006
Finish Time
Work Competed
Priedty: 2-Corrective
Work Order No. 11379
Unit Number 0214
m Dean}tien: leaned up mold and painted
Penidan Notes: martel
Signed:
Printed 1/18/2007
8/2007 10:20 14135070322
MILFUJUWZYCIJUN
Meadowbrook Apartments
491 Bridge Road
Florence, MA 01062
SE ftV.ICf: ' UST
ear
491 Bridge Road Apt. 0214
Florence, MA 01062
:B
to Reported: August 15,2005 Telephone:
Access:
Work Otdt Na 6797
Unit Plumber 0214
Warted by: Thanes Kellogg OK to Enter? Yes
W Desaipnun: Bathroom
signed to: Calego<Y:
ob:em Dacription: Tenant stets that oatroan We on wal b failing orf &there:s a hole in the ceiling from a leatrtM
ark Completed by Date Completed: 06/16/2005
et Tine:: Finish Time:
Bat Talon:
iterials Used:
atw: Work Competed Priodte: 2-CorreNee
Work Order No. 6797
Unit Number 0214
Description: Glued tiles&patched hole.
>clinician Noes: Gary,8/16, 10:30-11
sinned:
Printed 1/16/2007
uo ud u,: +up
daroara Kremensks
OLD SUMMARY REPORT
Method: Mold;Nonculturable—Tape Ld&Direct exam
Job No.: 06-1169
sort Date: 1027/2006
amnted by: Michelle KefO99
o a :10262006 Client: Alpha Energy Labs
of Samples:3 Project Michelle Kellogg,491 1 Bridge Rd.W214,Florence
male pate: 10Y20J06
Project No: Not Provided
1 -413 586 4884
p. 2
MJdIab
www.mofdlab.mm (972)247-9373
Sample No Sample Description
1 Bathroom Ceiling
2 Dining Room
3 Hall Closet
IX=imce(less than 10 count)
2X=minor(between 10-20 count)
3X=major(between 2 50 count)
4X=abundant(greater than
Identification
Page 1 of 1
FC, us(Penwll"
My:omycete/Rust/Smut 2X
No mold detected N/A
No mold detected N/A
only to samples tested.Results may not be repoduced except in full without pnor written approval of Moldlab.
Results No: Health Services.
License No:Rucker is a 7 rt the Texas Analyst Level 1 (ID No:10040071)by the Pan American Aembiotogy Certification Board.
Kristine Rucker is a Certified Spore Y _ .
'O4G'1CM isaM'1Uan'Mucci toI,:a3'Klu'H+a)sewd'uay2M)1:sauew aldum easy asat
:9 card MI _y :s cold Gal V.
:a tan isaiy y - :c cm/say
y .. :zearvrsa>.y y • .- • .•:I mug pa).d.
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a zit ,iwn J ;n 'J. ,t thE £ ft 's 04:v4 L/t/- :
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of Complainant: // -rArrn ra�
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NATU OF ONIPLAINT:
ess:
/
ation: u4r L..t
ner:
iress: 7/ / 4�
ken by
i
INSPECTOR'S REPORT:
7124/14
ction Taken:
frAt. .Cenit.
Inspector Signature
0
BOARD OF HEALTH
MEMBERS OFFICE OF THE
ROSEMARIE KARPARIS,R.N.,MPH
:ANTHI SCRIMGEOUR,MHEd,CHES
JAY FLEITMAN,M.D.
STAFF
:rnest J.Mathieu,R.S.,M.S.,C.H.O.
Director of Public Health
and Meczywor,R.S.,Sanitary Inspector
ricia Abbott,R.N.,Public Health Nurse
lecember I, 2006
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
dreil Yarbrough, Manager(413) 584-7590
;adowbrook Apartments, Main Office
1 Bridge Road
uence,MA 01062
Meadowbrook Apartments, Bldg. 2, Apt. #14, Michelle Kellogg, Tenant
ASON FOR INSPECTION: Complaint and request by Tenant—Mold Growth
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1214
FAX(413)587-1221
ar Ms. Yarbrough,
November 29,2006 a representative(s)of this Department conducted an inspection of in Building.2,Apt.
I occupied by tenant Michelle Kellogg, at her request, for compliance with Chapter II of the State Sanitary Code
MGL Chapter 111, Sections 122-127,Abatement of Nuisances. This letter will certify that the inspections
eased violations listed below, which are serious enough as to endanger or materially impair the health, safety,
well-being of the occupants.
:following is a list of violations of the 105 CMR 410.000. State Sanitary Code, Chapter 2,that were
ed:
TICLE II410.000 VIOLATIONS:
THROOM
Wall vent grate and vent duct has dust accumulation. The tenant and the tenant's Mother have taken
an air sample of the air coming out of the duct with a Petri Dish as instructed by the laboratory that
provided it to her. The dish shows growth of possible mold and bacteria cultures. Tenant and family
members claim to have severe allergies and allergy reactions to molds which they said can be
verified by their Primary Physician.
ORDER: Air sample and air testing must be taken from the bathroom air duct vent and analyzed for
mold cultures by a Certified Laboratory no later than December 8,2006. Copies must be
faxed to the Board of Health (413-587-1221) as soon as compiled by the Laboratory. If the
test is positive for mold you are hereby ordered to professionally treat all mold growth in the
vent system as well as clean the system by removing all the dust. Arrangements must be
made with the tenant by giving them sufficient notice prior to conducting any work in the
apartment,if needed. (See Section from Chapter 2 Code Below).
E2
110: Access for Repairs and Alterations
Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof, or his
agent or employees, upon reasonable notice, reasonable access, if possible by appointment, to the
dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as
are necessary to effect compliance with the provisions of these minimum standards.
Below are photos of the Petri Dish sample that was taken on November 14,2006,showing
the possible mold (and bacteria) growth. The photos of the dish below were taken on
November 16, 2006,showing two days of mold growth:
11'16.2006
In the best interest of the Health and Safety of the tenants the Board of Health is recommending
the management re-locate the tenants to another apartment or motel/hotel until this situation is
Eyed.
respectfully requesting that you to make a good faith effort to has the lab test done by December 8 2006 and
;e notify me of the results.
u disagree with these findings you have the right to request a hearing before the Board of Health. Please call
or instructions if you wish to do so. Please feel free to contact the Board of Health office, at 587-1214, if you
any questions concerning this matter. Thank you for your anticipated cooperation in this matter. This
action report is signed and certified under the pains and penalties of perjury.
erely,
e Mathieu
st J. Mathieu, R.S., M.S., C.H.O.
ctor of Public Health
Michelle Kellogg Tel. (413) 341-3435
491 Bridge Road
Meadowbrook Apartments, Bldg. 2, Apt. #14
Florence. MA 01062
E 3 (ATTACHMENT)
FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL
rEDIES.
ent Withholding(General Laws Chapter 239 Section 8A)
de Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do
vithout 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.)
epair and Deduct (General Laws Chapter 111 section 127L)
aw sometimes allows you to use your rent money to make the repairs yourself If our local code enforcement agency
ies that there are code violations which endanger or materially impair your health, safety or well-being and your
Ord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin
sary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs
114 days after notice you can use up to four months' rent in any year to make the repairs.
•talatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter
Section 2A).
,caner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement
:y about code violations. If the owner raises your rent or tries to evict within six months after you have made the
taint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You
to able to sue the landlord for damages if he or she tries this.
ent Receivership (General Laws Chapter 111, Sections 127C-H).
ccupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather
:o the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to
the violation. The receiver is not subject to a spending limitation of four months' rent.
reach of Warranty of Habitability.
may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet
mm standards of habitability.
nfair and Deceptive Practices (General Laws Chapter 93A).
Renting an apartment with code violations is a violation of the consumer protection act and
regulations 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 ANY OTHER LEGAL ACTION. IT IS ADVISABLE
THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY YOU
SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
WESTERN MASSACHUSETTS LEGAL SERVICES TEL.413-584-4034
20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060
fiber 8, 2006
1r. Gary Dearman, (Office 584-7595, Cell 210-1244, Fax 585-8322)
discussion on this date you are hereby granted an extension to have the mold test results completed and ready for my
1 for the above referenced apartment by December 15. 2006 or sooner, if possible.The original deadline date was
12/06/06)but you have attested that you just received the Enforcement Letter dated 12/01/06.As per your request I
you today, a list of local Certified Laboratories in the Springfield Area.
call me if you have any questions.
ely,
dathieu
)irector
13
380
8/2006 11:28 14135858322
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NORTHAMPTON O6/GYN ASSOCIATES jI1DK8.M•D.
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THE WOO lila IS AN 0MYSntC*1 EASIEST WITH SNIS ENACTION. NKR C-SNCTICH
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8/2006 11:28 14135858322
2/15/2016 84:38 4137333M2
TMC AAS A. MIRANDA
Mmnlervrc«iJUn
C00.EY 9RAIR PC
LAW Orrice%
COOLEY, sHR41R P.C.
1380 MAIN STREET-FlrT1 FLOOR
SPRINGFIELD. MASSAcHusrrs b I I am.'a 16
oc1tE 14I 11 9a 1-0950 FAX 141 3 933.3042
WRrreR•S PIREOT DAL
I4 31 935.9036
EMAIL: TMIR4oA@000 EYi 1IlRMR.00M
December 15,2006
Alt r. Maureen Staccato,Asst Property Manager
Me aiewtnook Apartments
49- Bridge Road
Fk -epee,MA 01062
RE: MICHELLE IQtLLOGG/BUILDINd 2,APARTMENT 14
PF.G 81
FILE NO. 100.-
Dl it Ms. Staccato:
My client Ms. Michelle Kellom is in receipt'of your notice to enter her apartment R•
MI Purpose of cleaning the clean bathroom vent, As you are aware,my client and each meanbc r
of Ter family are suffering severe reactions from the mold problem in the apartment.
Cleaning of the vents has a great potential to disturb mold in the vents causing the mo 1
to je disbursed into the apartment during or after cleaning. it is very important not to hive ar r
Pc ential disturbance of the mold spores during cleaning that could cause addition.1
cc nomination in the apartment
I have received a copy of the City of Nottltmlpton Board of Health Notice and Order
M :adowL.uok dated December 1, 2006. The Order directs that "air sample and air testing n¢ E
b4 taken from the bathroom air duct vent and analyzed for mold cultures by a certified taboret° y
m later than December 8, 2006'. 1 understand that date for compliance with this Order w
ended until today, December 15, 2006, and as of today this testing still bad tut be-n
cr mulcted, Until my client has beat made aware ofIme test results there is to be no activity n
th rir apartment that could potentially disturb the mold and cause flatter contamination in e e
al artment• I cannot emphasize enough that each mm bar of my clients' family is suffering ftt n
re minatory complaints that as believed to be directly caused by the mold. I am enclosi g
st dement from my Mrs. Kellogg's physician that says her family should be moved from the
al artment until the mold and its potential hazard to SAM can be identified-
'I remelt-X!TN%Sl rNRnadInEKE Ill%K17A%1C:1:
3/2006 11:28 14135858322 IlLALUWEWLUIC
Cm1EY SIRAIR PC PAS' ,
2/15/2016 04:38 4137333842
Maur m+Swear Asst Property Massenet
Mau retook Apartments
1)ect nber 15.2006
Page 1
As you know Ms.Kellogg is due to deliver anodic child at the aid of December 2006. It
is i operative that the family be relocated in the imdrediste future before the child is born
Der Land is hereby made for relocation sasittadce from MeadowbIook to bey the Kellogg lo family gy mold, It is
ran :ate e an relocated from 6 the is not ent to anther suitable apartment that does not have halt!
Can.1y bo reloeaed itOln the aperM
hah tability issues.
1 am also advised that your maintenance department attempted to clean the vents in the
KC togg aparhnent in November 2006. This was also ie response to complaints by the Kellogg;
of Hold contamination. It is clear that those gem* to abate the mold problem were not
sac:essful. Be advised that the Kelloggs are withholding their mat ail this maser is four;,
rea ,lved. The Kelloggs have also advised Nortbamproa Housing Authority, Section B of th.
me dproblem.
Please advise me in writing what Meadow/brad will do to relocate the Kelloggs in this
an nediate future.
Ti vl/kk
EI closure
G : Michelle Kellogg(w/aut ends)
I Dovecot=MDCI 'a11Ma1 VkMle,wNana0.7I9.M1C:i1
Sincerely yours, /
THOMAS A.MIRANDA
lel;WI
BOARD OF HEALTH
CITY HALL
COMPLAINT RECO
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Date of Inspection:
INSPECTOR'S REPORT:
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Co L
otal#of Inspections:
)ate of Final Inspection: g
Orders Issued?: No
curt Notice of Compliance?: 4