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25 Complaint Records & Orders to Correct BOARD OF HEALTH CITY HALL COMPLAINT RECORD C> - z - p00ssa Dater g C e\Q V w GEO::`/ IType: I i Name of Complainant: . J,Cdwid1 V, o,i 7 4I Address: / Tel:S) 8 . 9 t ( ciAilo 1 f15 ‘ n \Uf d „J NATURE OF COMPLAINT: OVAN->,c 1 RJ C sS DI\ eC a L < 6Se- i' % Location: `'v 2 ,JV` r Owner: a 5 AMSO■SU/v n V`t Ao Address: ITel: Take I Date of Inspection: I Time: c, PO INSPECTOR'S REPORT: / /z - %fie✓ -- u1 yG/Na A-/ /� /— /C/,SGJ//SS.o - Ile-A/A✓A jive 1 ea ee /A/ye/Lc/ £ peS J Co-fire,/ Ser✓T c.,Cs . /e w.11 et*.. / Cr)4/ .vexf week Jo co..-I-,...,e W cw.pl.....1 an"0-'1 %V .22A 2 — NO Y✓2t..Ee vT an CO,'” ` 1Nr �£ om11Tn�en Ch•k Bvx I YF2l Total#of Ipections: c, Orders Issued?: ND Date of Final Inspection: rj p- Notice of Compliance?: „JD I 0 i Inspector Signature Date: 4.3.9-04 ITime: q :io A.M IMap: Parcel- Name of Complainant El a, 0 rc y.F,,.,S.1S TtOCF"` Liao co °, tall Su, only 'Mr +o W Tel: 38-Sggq Address: (Whin (Whin ntuvwpf, ha. a aka- w;II Cam.-4-0 fi... -sue.„, j(j"/nt fm2sa 4.4-NATURE OF COMPLAINT: 5k.. I IO...c.) ax,t/.a. 3 d E y lea-. amd wkuw tAs. Y -81°et- tAma.wi IA. to Ia8 waive o .ah., uc eo-, wo.ta.. ai, tie- -0onaa.tunu.vkAa9 ,-Imd_LAID W aL Gold o ta.A ialt o-woa . The, h m- ox.., -Sm. a-10-na 1 wn+ . -hat, pnna Location: a-s - hadj<,,.. flu .nn. Owner: Address- Tel: Zoe Taken by: fMD>�of Inspection: ,r/y�/L�tq��Ime:%J + INSPECTOR'S REPO T: / A £S:415S & 'L if m.svas Action Taken: a _/ 24-- --`' �,�4., BOARD OF HEALTH MEMBERS ROSEMARIE KARPARIS,R.N.,MPH JAY FLEITMAN,M.D. STAFF Emest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health tichard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk May 7,2004 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 Deborah a Barbara Edwards Katherine 014)N6Z. C/O Northnver Management 2 Conz Street Northampton,MA 01060 RE: 24 Madison Avenue ecoL 014111 ea"-e" A1,16 per y.w y/3-a9a -S210 P � 73-29-11 73 212 MAIN STREET NORTHAMPTON,MA 01060 TEL(413)587-1214 FAX(413)587-1221 REASON FOR INSPECTION: Complaint by Tenant, Elia Dryfuss,on April 29,2004 This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto�um documento legal muito importante que podeth 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 legate importante. Potrebbe avere effectto sui suoi diritti. Lei puo ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: PAGE 2 On April 6,2004,a representative from the Northampton Board of Health conducted an Inspection at the premises located at 24 Madison Avenue,Northampton,MA(assessor's map 38B. parcel 172-0011, owned or operated by you, 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. ARTICLE H 410.000 VIOLATIONS FRONT ENTRANCE: .254 According to tenant the front entrance light is never keep on in the evening to allow sufficient lighting for tenants to enter in evening hours. ORDER- Install outsides lighting which is on a timer to provide lighting for common areas. STAIRWAY TO APARTMENT: .500 Rug in stairway is soiled and needs cleaning. According to tenant the landlord does not sweep, dust or clean this common area. ORDER: Landlord must clean and maintain all common areas LIVING ROOM: .500 Peeling paint on baseboards. ORDER: Scrap and paint. KITCHEN: .190 Hot water in the kitchen sink was 85 degrees fahrenheit at 7:40 a.m. Insuffient hot water. ORDER: Provide sufficient hot water between 110 degrees to 130 degrees (max.) fahrenheit AT ALL TIMES BY MAY 12,2004. .500 Torn floor covering. ORDER: Replace floor covering. .500 Ceiling has water stains. ORDER: Paint water stains. PAGE 3 PANTRY: .500 Peeling paint and cracks in walls. ORDER: Scrap peeling paint and repaint. Cover or seal holes in walls. BATHROOM: .190 Hot water in the shower was 85 degrees fahrenheit at 7:35 a.m. Insuffient hot water. ORDER: Provide sufficient hot water between 110 degrees to 130 degrees (max.) fahrenheit AT ALL TIMES BY MAY 12, 2004. .150(A)(2) No wash basin in toilet room. ORDER: Provide wash basin in toilet room. HALLWAY: .500 Hole in the wall near computer table. ORDER: Cover or seal holes in wall. BEDROOM: .500 Hole in the wall near entrance. ORDER: Cover or seal holes in wall. .482 No smoke detector located outside the bedroom in hallway. ORDER: Provide smoke detector. .750 States that one or more of the violations listed above is or may be a condition which may materially impair the health or safety and well- being of the occupant as determined by 105 CMR 410.750 of Article II of the State Sanitary Code. 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 BY MAY 30,2004 OR UNLESS OTHERWISE INDICATED NEXT TO THE CORRECTION ORDER. 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. PAGE 4 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 on page 6 in the document entitled, "THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES". Please feel free to contact the Board of Health office, at 587-1214,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, est J. Mathieu,R.S.,M.S., C.H.O. Director of Public Health cc: Elia Dreyfuss,Tenant 25 Madison Avenue Northampton, MA 01060 PAGE 5 fATTACHMENT) THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. 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 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. 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 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 584-4034 ..x„;NAME . "=” S. .' `1':.' _ .,. ,icTELERHOHENUMBER .-? 20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060 ADRESS PARCEL ID: 38B-172-001 00025 MADISON AVE PLOT: LIVING UNITS: 2 CLASS: R - 104 CARD #: 1 OF 4 CURRENT OWNER/ADDRESS ZONING: URB NEIGHBORHOOD ID: 12.00 FINAL VALUE FLAG: MARKET VALUE EDWARDS BARBARA B & DEBORAH AN LAND DATA KATHERINE RAE - ASSESSMENT INFORMATION - NORTHRIVER MANAGEMENT TYPE SIZE INFLUENCE FACTORS LAND VALUE 2 CONZ ST #46 PRIME SITE 8970 88,540 PRIOR COST CURRENT NORTHAMPTON MA 01060 LAND 48,600 88,500 88,500 BLDG 171,800 158,000 173,000 TOTAL 220,400 246,500 261,500 DEED BOOK: 2401 DEED PAGE: 301 SALES INFORMATION DEED DATETE/COST: 20030630 TOTAL ACREAGE: 0.206 TOTAL LAND VALUE: 88,500 DATE TYPE PRICE VALIDITY LAST UPDATE/COST: 20030630 ADDITION DATA X DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION is Frame 288 ENTRANCE CODE: EXTRY & SIGN is Frame 204 INFORMATION SOURCE: Frame Bay Frame Bay 18 DATA COLLECTOR: is Frame Enc Frm Prch 56 DATE: Enc Frm Prch Enc Frm Prch BO Opn Frm Prch 192 DWELLING INFORMATION STYLE: CVNTL YEAR BUILT: 1900 STORY HEIGHT: 2.00 ATTIC: FULL FINISH Basement: FULL TOTAL ROOMS: 12 TOTAL BEDROOMS: 6 FULL BATHS: 3 ADDITIONAL DWELLING INFORMATION 18 Half Baths: BASEMENT GARAGE(#CARS) ADDITIONAL FIXTURES: EXTERIOR WALLS: FRAME BRICK TRIM: X UNFINISHED AREA: STONE TRIM: X 16 ,r, GROUND FLOOR AREA: 884 TOTAL LIVING AREA: 2706 REMODELING DATA FINISHED BASEMENT LIVING AREA: X BASEMENT RECREATION AREA: X YEAR REMODELED: MASONARY FIREPLACE STACKS/OPENINGS: / METAL FIREPLACES: KITCHEN REMOD(Y/N) FwlFr 26 HEAT/CENTRAL A/C: BASIC BATH REMODEL (YIN) 7 HEATING SYSTEM: STEAM 8 � FpUEL TYPE: OIL GRADE: C+CORD/DESIRABILITY/UTILITY PHYSICAL CONDITION AVERAGE LITY/UTILITY GD INTERIOR/EXTERIOR SAME F,Pinre 10 OUTBUILDINGS & YARD ITEMS PERMIT DATA 8 34 FA.2Fr/R TYPE QTY YR Z11 SIZE2 GRD COND DATE PURPOSE PRICE RG1 1 1931 i 1 280 D A RS1 1 1930 1 280 D F RS1 1 1930 1 320 D F NOTES: 17 1Fr 1 6 12 _ • 24 CFP 8 e Mathieu act: tekfobe[tekfobe©juno.com] Thursday, May 20, 2004 4:27 PM Ernie Mathieu 25 madison ave ✓nie, I hope I can actually have a phone conversation with you tomorrow morning. A it company called re: painting, filling holes etc. My concern is that I don't want, cially in summer, to be breathing fumes and paint. I'm extremely sensitive to those gs and in heat they are worse. My biggest complaint of course is the water situation that is what feels the most urgent. Is it possible to put off those other more minor irs until I am on vacation or out of town? I am also considering leaving the apt letely. my case, I don't want to be uncooperative, but living in a toxic construction zone ids worse than having the chipping paint situation. I don't know if they dealt with the problem yet. my case, my phone number is 585 9953 and I would love it if you could call me (I'll of se try you too) between 8-10:30 am. I have an appt at 11:15. iks a million Ernie. I just want to clarify. e Mathieu ect: snie, tekfobe @juno.com Friday, May 07, 2004 7:25 AM Ernie Mathieu one more item on 25 madison ave .k you again for coming out to my place yesterday. One more thing I'd forgotten which :ubstantive. The light fixtures in my place both bedroom, hall, and bathroom are :red in peeling paint and and metal chips which pour on my head each time i've had to ige lights which are challenging to change anyway. if you haven't yet finished your art, i hope you can add that. if you need to come over directly and see that call and -e me a message and/or email me and i'll make a time that's convenient for you. i'll calling today, friday, as well. iks a million. Dreyfuss The plumber called after you left. Mathieu tekfobe @juno.Com Monday, May 24,2004 8:07 PM Ernie Mathieu Fw: Re: one more item on 25 madison ave ---- Return-Path: ctek£obe @juno.com> D-Or iginst amp: rhKkgUkbpelQGIxcCpvAl2sOIAv850XU5tkainRQG7Ih+hDOg== 3e-ID: <20040524 .191020.2924 .1.tekfobe @juno.com> aie. Left message for Ginny (and asked for commitment on new tank. haven't heard ing on that, but did get smoke detector)and unfortunately never made it to your e to pick up temp stem, but will Friday. Thanks again. I'll keep you posted. Elia c, 20 May 2004 21:43:10 -0400 tekfobe @juno.com writes: Ernie, BOARD OF HEALTH OFFICE OF THE MEMBERS SEMARIE KARPARIS,R.N.,MPH THI SCRIMGEOUR,MHEd,CHES JAY MERMAN M.D. STAFF meat J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health C Meczywor,R.S.,Sanitary Inspector la Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 NOTICE OF COMPLIANCE August 3, 2004 Deborah and Barbara Edwards Katherine Rae C/O Northriver Management 2 Conz Street Northampton, MA 01060 RE: —Compliance with Orders Dear Deborah and Barbara Edwards Katherine Rae, 212 MAIN STREET NORTHAMPTON,MAO (413)587-1214 FAX(413)587-122 On August 3, 2004 an initial Housing Inspection was made at 24 Madison Avenue. Violations were observed and an enforcement letter with correction orders was mailed to you. A final re-inspection was conducted on August 3, 2004. All violations noted in the May 7,2004 enforcement letter were found to be corrected. Therefore, please note that you have complied with the orders issued in the May 7, 2004 inspection report. This letter was signed under the pains and penalties of perjury. If you have any questions regarding this matter, please contact me at my office. Sincerely, 2 ,%iC)7/17s/Lfx Ernest J. Mathieu, R.S., M.S. C.H.O. Director of Public Health BOARD OF HEALTH OFFICE OF THE MEMBERS MARIE KARPARIS,R.N.,MPH it SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF it J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health sczye..or,R.S.,Sanitary Inspector bbott,R.N.,Public Health Nurse Madeline Heon,Clerk May 7, 2004 Deborah and Barbara Edwards Katherine Rae CIO Northriver Management 2 Conz Street Northampton, MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 RE: Extension to Correct Violations-24 Madison Avenue Dear Deborah and Barbara Edwards and Katherine Rae: 212 MAIN STREET NORTHAMPTON,MA 01080 TEL.(413)587-1214 FAX(413)587-1221 In response to your request on May 30, 2004, for an extension of the deadline in the May 7, 2004 letter to complete the repairs at the above referenced property, the Northampton Board of Health hereby grants yot an extension. The reason for your request is because you have had much difficulty getting contactors and some have cancelled on you,therefore delaying the repairs. The new deadline to comply with the orders is August 2, 2004. Please let this office know who the contractor will be for the project and when the repairs are completed. Do not hesitate to contact this office, at 586-1214, if you have any questions concerning this matter. Thant you for your continued cooperation. Sincerely, 1/ LLLCt- Ernest J. Mathieu, R.S., M.S., C.1-1.0. Director of Public Health