79 complaint, inspection, order to correct 3/2012 BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
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The Commonwealth of Massachusetts
Executive Office of Health and Human Services
Department of Public Health
250 Washington Street, Boston, MA 02108-4619
MDPH interpretation of"Reasonable Access"
A request has been made to define reasonable access in regard to the ability of an owner
to enter an occupied dwelling unit for the purpose of making repairs ordered by the board
of health.
The citation referring to reasonable access is 105 CMR 410.810. The interpretation
indicated above,is the Department's interpretation of its own regulation. The Department
has the authority to interpret its own regulations. Courts regularly defer to the agency's
interpretation provided that it is rational. Boston Police Superior Officers Federation v.
City of Boston,414 Mass. 458, 608 N.E.2d 1023 (1993); Town of Northbridge v. Town
of Natick, 394 Mass. 70,474 N.E.2d 551 (1985)
Given the construction of the regulation, reasonable access cannot mean that the tenant
must give access whenever any repair person is available to work. If this were the intent,
the regulation would read that the tenant shall provide access at any time it is requested.
It does not. It states upon reasonable notice,the tenant shall provide reasonable access, if
possible by appointment. The term reasonable access indicates some limitation on the
period of time when a tenant is required to permit workers to make repairs. The purpose
of this limit is to strike a balance between the owner's ability to get the work done, and
the tenant's need for privacy in his/her home. Moreover,the phrase "reasonable notice"
indicates the need to assure that the tenant knows in advance when work will be done.
The phrase "if possible by appointment" further suggests that an appointment should be
set up with the tenant, indicating that s/he has advance knowledge of and has consented
to the appointment.
While the definition of reasonable is largely fact driven,the Department interprets it to
mean regular business hours (9-5) Monday through Friday, and any other time by mutual
consent of the parties. Absent specific factual situations to the contrary,this is presumed
to be the norm based on presumptions of normal working hours; however this is not
meant to be a rigid definition, but a guideline. In any given situation, where there is an
allegation that the request for access was not reasonable or that the denial of access was
not reasonable,the Board of Health must review the specific facts including, but not
limited to,the nature of the request,the number of requests, and the specific
circumstances of the individuals involved, applying the above-mentioned guideline, to
determine whether the request for access was reasonable or whether the denial was
reasonable.
contractor be hindered in completing jobs that require completion to protect my house from
exposure (like the dryer vent issue), but also that the work will drag on for weeks.
She has in the past obstructed work with last minute schedule changes, not being there at
scheduled times, not responding to requests I have made that needed her input; for example,
the pests. When she informed me of the problem, I had asked how she'd like to proceed with
the elimination because of the bait method Minute Man Pest used presented a potential risk to
her 2 dogs. I never received an response from her and here I am now, weeks later, being
painted in a negative light as if I ignored her complaint. As to the slider in the living
room, my contractor Mark LeValley called Ms. Biddle to schedule an appointment in November
to assess and repair the damage, again, she admitted she did not returned his call to
schedule a time.
As you know, the entire slider is being replaced and we are waiting for it to arrive. (should
happen in a week - 10 days)
The tenant has withheld rent for this March based on these complaints and I don't forsee the
items on your list getting completed with efficiency and timeliness with only 5 hours a week.
That leaves my contractor only 10 hours of work for the remainder of the month.
Should the work extends into April, I have no doubt she will withhold April rent as well. I
can't afford my mortgage without this income and this will create a financial catastrophe for
me.
If I can have my contractor provide you with a schedule of slated work would that suffice?
Or does all the work have to be completed before your final inspection will clear the
property and she resumes her rent
payment? Can you help, and what suggestions can you offer?
Of course, things will have it that I have a family member I have to take care of out of
state and am leaving today, returning next Sat. I am reachable by email, text and phone, of
course, thanks to technology,
Thank you for your time and effort in this matter.
Sincerely,
Elena Volpe
413-695-9799
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Ed Smith V -Y1
From: Ben Wood
Sent: Friday, March 16, 2012 3:50 PM
To: Ed Smith
Subject: RE: Tenant obstructing work at 79 country way
Attachments: hsg_reasonable_access.pdf
Ed, have you ever seen this guidance document from DPH? Based on the information below I do
not think the tenant is providing reasonable access. The interpretation attached does not say
the tenant needs to be home while repairs are being done. If they schedule the work well
enough in advance, give the tenant some options, etc. that is all the owner can do in my
opinion. We have a stake in seeing the violations corrected within the timeline we
proscribed. I'd call the tenant and tell her that. If that does not get you anywhere you can
say we will file a motion in court to make sure access is granted. Ben
Original Message
From: Ed Smith
Sent: Friday, March 16, 2012 1:50 PM
To: Ben Wood
Subject: FW: Tenant obstructing work at 79 country way
Hi Ben
I took a call from this landlord and luckily she has done a pretty thorough job of laying out
the situation in her email below. The tenant is now only letting the contractors come one
day a week to do some fairly involved work, and is still witholding rent. None of the
problems were 24 hour fixes (or have become in the course of my orders); the tenants partner
was readily available to let me in, and he said to me that he did not live there. At the
least he is a very frequent visitor as he knows every inch of the house. Apparently he is
not available to let the contractors in (the landlord is contesting in housing court I
believe that he is indeed an illegal tenant). Would you say the tenant is denying reasonable
access? I've never quite understood this - a tenant does not have the right to be there
every minute of every repair, do they? If so this obviously becomes ridiculuous if the
tenant works, has children, and has major repairs (and doesn't have an available partner to
give access). What do you think?
Ed
From: Elena Volpe [evolpe58Qdgmail.com]
Sent: Friday, March 16, 2012 12:39 PM
To: Ed Smith
Subject: Tenant obstructing work at 79 country way
Hi Ed,
Heather suggested I contact you about an emerging problem with my tenant, Ann Biddle at 79
Country Way. As you know, you performed an inspection at her request and I am addressing the
issues. To date the bathroom has been corrected, the lally column replaced and the front
door lock repaired. The dryer vent work has begun and I believe, near completion. I have
spoken to Inspector Therrian who has helped me troubleshoot the sensitive fire detector
issue.
I've encountered a very concerning problem with Ms. Biddle: She informed my contractor
yesterday she will only allow access to my property on Thursdays from 8 - 2. This
obstruction limits what my contractor, Maria Dufour, can do and I fear that not only will my
1
Ed Smith
From: Ann Biddle labiddle @pvpa.org]
Sent: Monday, March 05, 2012 10:24 AM
To: Ed Smith
Cc: Ann Biddle
Subject: From Ann Biddle re: 79 Country Way
Mr. Smith- This email is to authorize you to conduct a housing inspection of the home I am currently leasing
from Elena Volpe at 79 Country Way, Florence, MA. My partner, Will Owens,is at the home and can show
you around. His cell # is: 603-903-7581.
If you have further questions please contact me at : 862-324-3395 or annbdance@hotmail.com
Ann Biddle
•
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Patricia Abbott,R.N.,Public Health Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM
STANDARDS FOR HUMAN HABITATION" AT: 79 COUNTRY WAY, FLORENCE MA
This is an important legal document. It may affect your rights. You may obtain a
translation of this form at: 212 Main St, Northampton Ma
Isto a urn documento legal muito importante que podera afectar os seus direitos.
Podem adquirir uma tradcao deste documento de: 212 Main St, Northampton Ma
Le suivante est un important document legal. II pourrait affectar vos droits. Vous
pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma
Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei
pug ottenere una traduzione di questo modulo a: 212 Main St, Northampton Ma
Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede
adquirir una tradccign de esta forma en: 212 Main St, Northampton Ma
To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz
uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main St, Northampton Ma
NORTHAMPTON BOARD OF HEALTH
City Hall, 212 Main Street
Northampton, MA 01060
Tel#: (413( 587- 1214
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•
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.O.
STAFF
Benjamin Wood,MPH
Director of Public Health
Patricia Abbott,R.N.,Public Health Nurse
Daniel Wasiak,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
Date: 3/7/2012
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01050
By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and
127B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of
the dwelling named in the attached report, and found it to be in violation of the Minimum Standard of
Fitness for Human Habitation. A list of the violations is enclosed.
You are hereby ordered to begin necessary repairs, or contract in writing with a third party within five(5)
days (of the date on this letter), and to make a good faith effort to substantially correct within thirty (30) days,
as of the date of this letter, all violations recorded on the report.
You are further ordered to correct any violations followed by an asterix(*)within twenty-four hours of
receipt of this notice. These are violations or conditions, which endanger the health, or safety and well-being of
the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the
occupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection
form. A reinspection will be conducted, as indicated, to determine compliance.
You are entitled to a hearing, provided a written petition is received within seven (7) days. You are also
entitled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports,
orders and notices. Any adverse parties also have the right to appear at the hearing.
Every occupant shall give the owner, agent or employees, access,upon reasonable notice, for the purpose of
correcting these violations. (CMR.810)
Failure to comply with this order may result in a fine of not less than ten,nor more than five hundred
dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship
and to obtain the appropriate private permits where necessary.
Your immediate attention will be appreciated. If you have any questions, please contact this office.
Sincerely,
Ben Wood, MPH
Director,Northampton Health Department
•
Inspection Form
Northampton Board of Health, 212 Main St., Northampton,MA 01060,413-587-1214
SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation
Date: 3/5/2012 Time: 10:20 #Occupants: 3 #Children < 6 Years 0
Address: 79 Country Way Unit# single family home City/Town: Northampton
Occupant Name: Anne Biddle Phone#413.341.3424; cell: 862.324.3395
Owner Name: Elena Volpe Phone# 413.695.9799
Owner Address:221 Park Hill Rd City/Town: Florence Zip Code: 01062
#Dwelling/Rooming Units in Dwelling: 1 #Stories: 2+finished basement Floor Level of Unit:
#Sleeping Rooms: 3 #Habitable Rooms: 8
Inspector: Edmund Smith Title: Health Inspector
If violations are observed and checked, describe them fully on Page 3.
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
1 I
Violation
Observed
Responsible Party
Owner
Occupa
nt
Common
Areas&
Entry
Light, windows
253,254,501
Egress
450.451,452
Handrails
503
X '?/3.0
Door: Main front entry door
500.. 501
X
ygd D
Bathroom
•' floor
Toilet, sink, shower, tub, door: leaking at base
150
X
X y,2
lLdA'r�!
Smooth, impervious surfaces
150
Lights, outlets, ventilations
251,280
Floors/walls
504
Shower stall: glass panel seals leaking lower right
X
X 3/A
,44 tP
Family
Room
Lights, outlets, ventilation
250,280
//
Ceiling height
401,402
Windows/screens/doors: sliding doors
inoperable/related possibly to movement of beam
&posts in garage below
501,551
s A
to
X
4.'�"
,
X 4d
fJ
D „A
Ceiling condition
" '—
•
-
-
Living room
(west end of
house)
Lights, outlets, ventilation
250,280
Ceiling height
401.402
Windows/screens/doors: sliding doors operate with
great difficulty&air leak(slider door bowed)
501.. 551
X
X j/qa
nee,
Ceiling condition
Lighting
253
Smoke& CO
Detectors
Required &operational: operational with
difficulties (dining area smoke trips readily from
light cooking or steam)
482
X
X 3/gn
gy,ysy
Emergency lights
Pests
Free of pests(rodents, skunks, cockroaches
insects): rodent damage evident interior and
exterior(corner near exterior rear deck,
basement finished room west wall behind
baseboard heater cover). Possible carpenter ant
indications and definite rot around right hand
basement window in attached garage
550
X
X
313a
)fl '(KiMMfrl'rf
C8tonto
-
i r-V
Structural maintenance and elimination of harborage:
same as above
550,500
X
X .a _
/'"
MU
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
'it
Violation
Observed
Responsible Party
Repair or replace as necessary.
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
Owner
Occupa
nt
(I)all panes of glass are in place,unbroken and properly caulked;and
(2)the door opens and closes fully without excessive effort;and
(3)exterior cracks between the prime door frame and the exterior wall are
caulked;and
(4)one of the following conditions is met:
(a) a storm door is affixed to the prime door frame, with caulking
installed so as to fill exterior cracks between the storm door frame and
the prime door frame;or
(b) weatherstripping is applied such that the space between the door
Basement
(west
finished
room)
Window:front west missing glass insert
500
X
X
ifs
446160
Garage
(attached,
under family
room)
Main central support beam:front steel post has
failed (temporary post inserted by tenant)Imay
relate to inoperable sliding doors above
500
X
X
LL
00
*ono
3 ta
n
Appliances
Dryer:vents directly into attic of family room;
evidence of chronic dampness (mold like
substance); accumulating lint
351
X
`
X .mow
C.✓ se
cmac
eao.rgn
O4NEv A
, c eti
Winterized
porch
(behind
family room)
Chronic dampness evidenced by rot in exterior
siding at right rear corner of house,also visible
at facia/soffit area, and on interior drywall
(popped drywall screws)
500
X
X
/
ca'"" .
•/ 6
1` r
Referral: 0 Electric 0 Fire 0 Plumbing 0 Building 0 This inspection report is signed
and certified under the pains and penalties of perjury.
Inspector Signature:
Occupant or Occupant's Representative Signature:
Reinspection Date: April 16, 2012
Time:to be determined
Written description of any violation(s)checked above
Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may
include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000.
NOTE: Indicates that this housing inspection has revealed conditions which may endanger or materially impair the
health, safety, and well-being of any person(s)occupying the premises
Area/Element,Code Citation and Description of Violation
Acceptable Remedies
Main front entry door:
410.500:Owner's Responsibility to Maintain Structural Elements
Repair or replace as necessary.
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
(B) An exterior door or a door leading from a dwelling unit to a common
passageway shall be considered to be weathertight only if:
(I)all panes of glass are in place,unbroken and properly caulked;and
(2)the door opens and closes fully without excessive effort;and
(3)exterior cracks between the prime door frame and the exterior wall are
caulked;and
(4)one of the following conditions is met:
(a) a storm door is affixed to the prime door frame, with caulking
installed so as to fill exterior cracks between the storm door frame and
the prime door frame;or
(b) weatherstripping is applied such that the space between the door
and the prime door frame is no larger than 1/16 inch at any point on
the perimeter of the door or
(c) the door is sufficiently well-fitted such that, without weather-stripping, the space between
the door and the prime door frame is no larger than 1/16 inch at any point on the sides of the
door or inch at any point on the top or bottom of the door.
Door is difficult to lock and has large gap(3/8")at top of handle side.
tjsa
Bathroom– 151 floor:
410.351:Owner's Installation and Maintenance Responsibilities
Repair or replace as necessary.
-515 a 61!4%114/%
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.
Toilet is leaking at base(can be seen from basement access below).
Bathroom– is'floor: shower stall:
410.351:Owner's Installation and Maintenance Responsibilities
Repair or replace as necessary.
3JSO 4-6e•rr4
Glass panels leak bottom front right(possible caulking issue).
Family Room (above garage):
Sliding doors inoperable/related possibly to movement of beam&posts in
garage below
pay— Annt/ers-s'4'/ rec.
Repair or replace as necessary.
ZraCas ane-•a5c + she
Living room(west end of house):
410.500:Owner's Responsibility to Maintain Structural Elements
Repair or replace as necessary.
RE2xso ,5/c,t)
Sliding doors operate with great difficulty&3/8"gap–exterior air leak
(slider door bowed)
Smoke detectors:
410.482: Smoke Detectors and Carbon Monoxide Alarms
Repair or replace as necessary.
,EPI fq 'if
'pane ��.c g wrE_
(A) Owners shall provide, install, and maintain in operable condition smoke detectors
and carbon monoxide alarms in every dwelling that is required to be equipped with
smoke detectors and carbon monoxide alarms in accordance with any provision of the
Massachusetts General Laws and any applicable regulations of the State Board of
Fire Prevention(527 CMR), State Board of Building Regulations and Standards (780
CMR),or the Board of Examiners of Plumbers and Gas Fitters(248 CMR).
Operational but with difficulties (dining area smoke trips readily from light
cooking or steam)
Pests: Extermination, Elimination of Harborage, Repair of Damage:
410.550:Extermination of Insects,Rodents and Skunks
Determination is made by this
inspector that landlord's failure to
maintain structural elements from rot
and ongoing pest damage has
allowed pest entry to continue to the
structure and interior of the house.
Landlord is responsible for
xtermina on exclusion, and repair
(A)The occupant of a dwelling containing one dwelling unit shall maintain the
unit free from all rodents,skunks,cockroaches and insect infestation,and shall
be responsible for exterminating them,provided,however,that the owner shall
maintain any screen, fence or other structural element necessary to keep
rodents and skunks from entering the dwelling.
(B) The owner of a dwelling containing two or more dwelling units shall
maintain it and its premises free from all rodents, skunks, cockroaches and
insect infestation and shall be responsible for exterminating them. 105 CMR:
DEPARTMENT OF PUBLIC HEALTH 1/26/07105 CMR- 1628.1
410.550:continued
(C)The owner of a rooming house shall maintain it and its premises free from
all rodents,skunks,cockroaches and insect infestation,and shall be responsible
for exterminating them.
(D)Extermination shall be accomplished by eliminating the harborage places of insects and
rodents,by removing or making inaccessible materials that may serve as their food or breeding
ground,by poisoning,spraying,fumigating,trapping or by any other recognized and legal pest
elimination method.All use of pesticides within the interior of a dwelling,dwelling unit,
rooming house,or mobile home shall be in accordance with applicable laws and regulations of
the Department of Food and Agriculture's Pesticide Board,including those appearing at 333
CMR 13.00,which provide,among other things,that pesticide applicators or their employers
of damage to structure from pests.
.%'text frf.,'L
1 ,M-.✓.T RGS/°` c-'64x'''l
must give at least 48 hours pre-notification to occupants of all residential units prior to any
routine commercial application of pesticides for the control of indoor household or structural
indoor pests.
410.500:Owner's Responsibility to Maintain Structural Elements
Rodent(squirrel, mouse, 7) damage evident interior and exterior(corner
near exterior rear deck, basement finished room west wall behind
baseboard heater cover). Also possible carpenter ant indications and
concurrent rot around right hand basement window in attached garage
Basement(west finished room):
410.500:Owner's Responsibility to Maintain Structural Elements
Repair or replace as necessary.
Window:front west missing glass insert
Garage(attached, under family room):
410.500:Owner's Responsibility to Maintain Structural Elements
Repair or replace as necessary.
frt'
Front steel post has failed (temporary post inserted by tenant); may relate to
inoperable sliding doors above
Dryer venting:
410.351:Owner's Installation and Maintenance Responsibilities
Repair or replace as necessary.
Vents directly into attic of family room (not installed to code); evidence of
chronic dampness (mold like substance on roof decking between rafters);
accumulating lint is blocking venting to attic
Winterized porch (rear of family room):
410.500:Owner's Responsibility to Maintain Structural Elements
Repair or replace as necessary.
Chronic dampness evidenced by rot in exterior siding at right rear corner of
house, also visible at facia/soffit area, and on interior drywall(popped
drywall screws)
410.020: Definitions
Please call the Health Department
office with any Health Code
questions that relate to these orders;
the Office of the Building
Commissioner can answer questions
that relate to the Building Codes.
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.
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY
USE IN ORDER 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 payment. You can do
this without being evicted 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 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 for 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).
This 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 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 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 Eviction 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 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 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. Search 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 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 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 LEGAL ACTION. IT IS ADVISABLE THAT
YOU CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES
OFFICE WHICH IS:
Western Mass Legal Services Tel: 413-781-7814
One Monarch Place, Suite 4001 Springfield, MA 01144