21-31 Complaint Records & Orders to Correct & Housing Inspections BOARD OF HEALTH
MEMBERS
ROSEMARIE KARPARIS,R.N.,MPH
XANTHI SCRIMGEOUR,MHEd,CHES
JAY FLEITMAN,M.D.
STAFF
Ernest J.Mathieu,R.S.,M.S.,C.H.O.
Director of Public Health
:hard Meczywor,R.S.,Sanitary Inspector
itricia Abbott,R.N.,Public Health Nurse
Madeline Neon,Clerk
December 27, 2005
OFFICE OF THE
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
NOTICE OF COMPLIANCE
Gabrial Moushabeck
46 Crosby Street
Northampton, MA 01060
RE: 22 Main Street—3F—Damien Percival, Tenant
REASON FOR INSPECTION: Determine compliance with orders
Dear Mr.Moushabick:
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1214
FAX(413)587-1221
This notice is to inform you that a re-inspection of this property referenced above,
owned by you,was conducted on December 27,2005,concerning orders for correction
of the violation issued against you in an enforcement letter(via email) dated November
10,2005.
Please note all the violations were found to have been corrected on this date and you have
complied with the orders issued in the November 10 2005 inspection report. No other
violations were observed on this date
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,
Ernest J. Mathieu, R.S.,M.S. C.H.O.
Director of Public Health
Ernie Mathieu
From: Ernie Mathieu
Sent: Tuesday, December 20, 2005 2:17 PM
To: 'Damien'
Subject: RE: 22 Main Apt 3F Leaky Cieling
Hi Damien,
Page 1 oft
Thank you for your response. I trust that the leak is repaired since we last spoke. The contractors did go back
and do additional work on it after you informed it was still leaking. Please call me if it Teaks in the spring.
Happy Holidays,
Ernie Mathieu
587-1213
From: Damien [mailto:dpercival @eaglehawk.com]
Sent: Tuesday, December 20, 2005 5:05 AM
To: Ernie Mathieu
Subject: Re: 22 Main Apt 3F Leaky Cieling
Hi Mr. Mathieu
Im sorry you had to contact me first. I really feel bad 1 didn't respond faster. 1 wanted to visit, but 1 didn't
want to bother you during this busy time of year. I didn't recall that you wanted me to call you, even if
things were O.K. I wanted to say hello and personally thank you, and give you an update on the ceiling.
The untimely response to your email is due to only checking it when I am expecting one, sorry you had
to wait longer. The owner did come since our last conversation and the roofer seemed to have stopped
the leak. It was during a strange break in the weather when it snowed,rained, then snowed. As a result,
I've only had one rainy day before it snowed. No water leaks. I put up ceiling tiles and used all the ones
he had in storage. 1 have stains on the ceiling, but no leaks and no holes, so now I can heat. The cabinets
are a still empty and dirty because 1 don't trust the roof enough to lose my food a fourth time. Spring will
let me really know.
Please accept my apologies and thanks.
I couldn't have done this without you. I will call you in the moming. I volunteer today 11 ish-2:30ish.
Thank You,
DAMIEN PERCIVAL
413 250 8697
12/21/2005
Page 2 of 2
dpercival@eaglehawk.com
On Dec 15,2005, at 10:23 AM, Ernie Mathieu wrote:
From: Ernie Mathieu
Sent: Thursday, December 15, 2005 10:18 AM
To: 'dpercival @Eaglehaven.com'
Subject: 22 Main Apt 3F Leaky Cieling
Good Morning Damien,
Since we last conversed about your leaky ceiling on November 18, 2005, the owner has had
his roofing contractors go back and perform addition work on the roof.
I have not heard from you since November 18 and you said you would call me if it continues
leak within the next two weeks to determine if the additional repairs corrected the problem.
Could you please call me with an update at 587-1213.
Thanks,
Ernie Mathieu
12/21/2005
?age 1 of
Ernie Mathieu
From: Damien [dpercival @eaglehawk.com]
Sent: Wednesday, December 28, 2005 4:26 PM
To: Ernie Mathieu
Subject: Re: 22 Main Apt 3F Leaky Ceiling
Hi Mr. Mathieu,
No, It did not leak. I thought I heard drips one night,but no leaks. I checked all the tiles.
Thanks for checking in. Happy New Year!
Damien Percival
250-8697
On Dec 27, 2005, at 1:41 PM, Ernie Mathieu wrote:
From: Ernie Mathieu
Sent: Tuesday, December 27, 2005 1:38 PM
To: 'dpercival @Eaglehaven.com'
Subject: 22 Main Apt 3F Leaky Ceiling
December 27, 2005
Hello Damien,
We had heavy rain on 12/24 and 12/25. Did your ceiling leak? Please
12/29/2005
Page 5 of 5
•
Good Morning Damien,
Since we last conversed about your leaky ceiling on November
18, 2005, the owner has had his roofing contractors go back
and perform addition work on the roof.
I have not heard from you since November 18 and you said
you would call me if it continues leak within the next two weeks
to determine if the additional repairs corrected the problem.
Could you please call me with an update at 587-1213.
Thanks,
Ernie Mathieu
12/29/2005
Ernie Mathieu
From: Ernie Mathieu
Sent: Friday, November 18, 2005 1:03 PM
To: 'booklinker @aol.com'
Subject: 22 Main St-Leaks in Roof
MEMO
Page 1 of 1
TO Gabriel Moushabeck(374-3232)
FROM: Ernest J. Mathieu, Dir. of Public Health (587-1213/Cell 563-6680)
RE: 22 Main St-Leaks in Roof
DATE: November 18, 2005
On November 9, 2005, I conducted an inspection of the apartment located at 22 Main Street (Apt 3F)for a leaky
roof which is occupied by your tenant, Damien Percival (250-8697).The inspection was at his request. This
building is owned by you according to records in City Hall.
The inspection revealed severe leaks in the kitchen and in the bedroom. There was water damage to the ceiling
tiles and walls. The roof has been leaking for about 2-3 according to the tenant. On 11/10/05 I called and left a
message on Michelle Moushabeck's voice mail describing this condition and orders to correct the problem by
arranging to have the roof repaired. I also left her my telephone numbers to call me back at. On Saturday
11/12/05 I received a call from you and you informed me that contractors were on the roof at this time sealing and
repairing the roof. I informed you to call me when the repair project for the roof was completed. On Wednesday
11/16/05 I received a call from you informing me that the contractors had completed the roof repairs on Tuesday
11/15/05 and that the entire roof had been re-sealed.
Please be advised that today I received a phone call from Damien Percival,who informed me that on Wednesday
11/16/05,which was a day that there were heavy rains throughout the day, his roof still continued to leak in the
two rooms as it did before.Therefore, the problem still exists and the roof needs further evaluation to determine
were the leaks are and then additional work to seal them and prevent leaks into any of the apartments on the 3rd
floor.
I would like to thank you and commend you for your prompt response to my correction orders and the efforts you
have made thus far to resolve this matter. You have been extremely cooperative Please email back with you
correction plans and keep me informed as the work is being done.
1/11/2006
Page 1 of1
Ernie Mathieu
From: Ernie Mathieu
Sent: Monday, November 28, 2005 12:58 PM
To: 'BOOKLINKER @aol.com
Subject: RE: 22 main street , roof leak
thank You Gabriel,
'lease keep me posted.
Ernie Mathieu
587-1213
3e11563-6660
From: BOOKLINKER @aol.com [mailto:BOOKLINKER @aol.com]
Sent: Tuesday November 22, 2005 12:54 PM
To: Ernie Mathieu
Subject: 22 main street, roof leak
dear Mr. mathieu,
Jimmy roberts from roberts roofing went up on the roof on 11/21/05 and resealed around the skylight and many
other possible problematic areas of the roof.Today he contacted my tenant and was told that the leak had
stopped.
I hope that takes care of it.
Sincerely,
Gabriel Moushabeck
1/11/2006
Ernie Mathieu
From: Ernie Mathieu
Sent: Monday. November 28, 2005 2:05 PM
To: 'BOOKLINKER @aol.com'
Subject: RE: 22 Main St-Leaks in Roof
Thank You Gabriel:
Please keep me informed.
Ernie Mathieu
587-1213
Cell 563-6680
From: BOOKLINKER @aol.com [mailto:BOOKLINKER @aol.com]
Sent: Friday, November 18, 2005 1:50 PM
To: Ernie Mathieu
Subject: Re: 22 Main St-Leaks in Roof
Page 1 of 1
Dear Mr. mathieu:
As per your email and our telephone conversation of today, i have contacted ROBERT'S ROOFING 413 441-
0350 and informed jimmy roberts,the proprietor the the problem still exists and we made arrangements with
damien for jimmy to go in his apartment and inspect the inside to try and determine where the leak is coming in
from. he will be doing that on Saturday 11/19/2005 at 9:00 am. i will let you know what the outcome is when i hear
from the roofer.
Gabriel Moushabeck
1/11/2006
ej
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Page 1 of 1
Ernie Mathieu
From: Ernie Mathieu
Sent: Friday, November 18, 2005 1:03 PM
To: 'booklinker @aol.com'
Subject: 22 Main St-Leaks in Roof
MEMO
3?Y-3 238
TO: Gabriel Moushabeck(a:4-3232)
FROM Ernest J. Mathieu, Dir. of Public Health (587-1213/Cell 563-6680)
RE: 22 Main St-Leaks in Roof
DATE: November 18, 2005
On November 9, 2005, I conducted an inspection of the apartment located at 22 Main Street (Apt 3F)for a leaky
roof which is occupied by your tenant, Damien Percival (250-8697). The inspection was at his request. This
building is owned by you according to records in City Hall.
The inspection revealed severe leaks in the kitchen and in the bedroom. There was water damage to the ceiling
tiles and walls. The roof has been leaking for about 2-3 according to the tenant. On 11/10/05 I called and left a
message on Michelle Moushabeck's voice mail describing this condition and orders to correct the problem by
arranging to have the roof repaired. l also left her my telephone numbers to call me back at. On Saturday
11/12/05 I received a call from you and you informed me that contractors were on the roof at this time sealing and
repairing the roof. I informed you to call me when the repair project for the roof was completed. On Wednesday
11/16/05 I received a call from you informing me that the contractors had completed the roof repairs on Tuesday
11/15/05 and that the entire roof had been re-sealed.
Please be advised that today I received a phone call from Damien Percival,who informed me that on Wednesday
11/16/05, which was a day that there were heavy rains throughout the day, his roof still continued to leak in the
two rooms as it did before. Therefore, the problem still exists and the roof needs further evaluation to determine
were the leaks are and then additional work to seal them and prevent leaks into any of the apartments on the 3rd
floor.
l would like to thank you and commend you for your prompt response to my correction orders and the efforts you
have made thus far to resolve this matter. You have been extremely cooperative. Please email back with you
correction plans and keep me informed as the work is being done.
11/21/2005
Friday June 10th, 2010
To Moushabeck Properties,
Hello,I have been experiencing a lot of water damage over here at APT#3F over the
last two storms. The skylight has MAJOR leaking going on. I hope we can do
something to protect my belongings and your property.
Thank you,
Damien Percival
CLt13) 1--5o 8697
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BOARD OF HEALTH
MEMBERS
)NNA C.SALLOOM,CHAIR
JOANNE LEVIN,M.D.
SUZANNE SMITH,M.D.
STAFF
njamin Wood,MPH,Director
Abbott,R.N.,Public Health Nurse
del Wasluk,Health Inspector
nund Smith,Health Inspector
Heather McBride,Clerk
ist 10, 2011
ael Moushabeck
;habect Properties
rosby Street
iampton, MA 01060
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
413-587-1214
• Michael—
cked back with Damien Percival, and he supplied me with a copy(see enclosed)of his written note to Moushabeck
■erties of Friday 6/10 (the letter is apparently misdated 2010, actually 2011; 6/10 of 2010 was a Thursday). The letter
returned to him with the note that Michael Cherworth would be following up to retar the roof. Mr. Percival saw Mr.
rworth shortly after receiving this amended note, but is not aware of any referring taking place. The skylight leaked
n in the 4:45 downpour that came after I spoke with you on the phone this Monday.
se have your roofer check the conditions around the skylight and repair or reroof as necessary to prevent further
s. CaII and let me know when the work is complete, and I will follow up with Mr. Percival.
:erely,
fund Smith
ilth Inspector
rGta Croy
/ ,ems > r[-Lc otL
MOD aAlegce—__
IOARD OF HEALTH
MEMBERS
NNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.O.
STAFF
Benjamin Wood,MPH
)irector of Public Health
tbbott,R.N.,Public Health Nurse
and Smith,Health Inspector
el Wasiuk,Health Inspector
Heather McBride,Clerk
el & Gabriel Moushabeck
rosby Street
iampton, MA 01060
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
NOTICE OF COMPLIANCE
COMPLIANCE WITH ORDERS
212 MAIN STREET
NORTHAMPTON,MA 01060
Sirs,
1/26/2011 , an initial Housing Inspection was made at the property located at 22 Main Street,
hampton MA , owned or operated by you. Violations were observed and an enforcement letter
correction orders was mailed to you on 9/26/2011.
tal re-inspection was conducted on 12/8/2011. All violations noted in the 9/26/2011
rcement letter were found to be corrected and therefore, please note that you have complied with
f the correction orders issued in the inspection report.
letter was signed under the pains and penalties of perjury. If you have any questions regarding
matter, please contact me at my office.
:erely,
nund Smith, Health Inspector
BOARD OF HEALTH
MEMBERS
ONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Abbott,R.N.,Public Health Nurse
nund Smith,Health Inspector
niel Wasiuk,Health Inspector
Heather McBride,Clerk
iael Moushabeck
Ishabeck Properties
:rosby Street
thampton MA 01060
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
NOTICE OF COMPLIANCE
212 MAIN STREET
NORTHAMPTON,MA 01060
COMPLIANCE WITH ORDERS
it_Mr. Moushabeck
6/23/2011 , an initial Housing Inspection was made at the property located at 22
n Street owned or operated by you. Violations were observed and an
xcement letter with
•ection orders was mailed to you on 6/23/2011
nal re-inspection was conducted on 09/08/2011
violations noted in the 6/23/2011
orcement letter were found to be corrected and therefore, please note that you have complied with
Jf the correction orders issued in the inspection report.
s letter was signed under the pains and penalties of perjury. If you have any questions regarding
matter, please contact me at my office.
cerely,
round Smith, Health Inspector
BOARD OF HEALTH
MEMBERS
)NNA C.SALLOOM,CHAIR
JOANNE LEVIN,M.D.
SUZANNE SMITH,M.D.
STAFF
njamin Wood,MPH,Director
Abbott,R.N.,Public Health Nurse
tier Wasiuk,Health Inspector
nund Smith,Health Inspector
Heather McBride,Clerk
ember 8, 2011
ael Moushabeck
shabect Properties
rosby Street
iampton, MA 01060
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
413-587-1214
Michael—
checked in with Damien Percival who reported only a very minor drip after our week and a half of rain, so 1 will
:rude that your roofer did adequately address the roof. I am told that the handrail has been reanchored as well, and
am enclosing a Letter of Compliance concerning the Orders to Correct that concerned the roof leak and the handrail.
last point 1 want to check with you about is the non-functioning door buzzer/lock system which calls the tenants
tments and will allow them to unlock the door for visitors who ring them. When we spoke on the phone I brought this
and you said that you would have an electrician repair this system. This still needs to be followed through on—let me
,v by return mail or by email (esmithno.northamptonma.00v)or by message to my phone(587-1339)when this will be
essed. Reply to me with this info within 5 days—you told me you prefer to just be informed of maintenance that
is doing and that you will take care of it. I will issue an Order to Correct if I do not hear from you.
:erely,
nund Smith
dth Inspector
Fse 6147
144:44&tt id, oar, /a 4 ita>p PLC, 6-e"-__
BOARD OF HEALTH
MEMBERS
ONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Abbott,R.N.,Public Health Nurse
iveria Mir,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
)ER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM
NDARDS FOR HUMAN HABITATION" AT: 22 MAIN ST., NORTHAMPTON, MA
This is an important legal document. It may effect your rights. You may
obtain a translation of this form at: 212 Main St, Northampton Ma
Isto a um documento legal muito importante que podera afectar os seus
direitos. Podem adquirir uma tradgao 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 pub 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 tradccibn 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
DNNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Abbott,R.N.,Public Health Nurse
weria Mir,Health Inspector
Heather McBride,Clerk
/2011
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
uthority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and
3 of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of
Swelling named in the attached report, and found it to be in violation of the Minimum Standard of
ess for Human Habitation. A list of the violations is enclosed.
are hereby ordered to begin necessary repairs, or contract in writing with a third party within five(5)
(of the date on this letter), and to make a good faith effort to substantially correct within thirty(30) days all
ations recorded on the report.
are further ordered to correct any violations followed by an asterix(*)within twenty-four hours of
ipt of this notice. These are violations or conditions,which endanger the health, or safety and well-being of
)ccupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the
rpant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection
1. A reinspection will be conducted, as indicated, to determine compliance.
t are entitled to a hearing,provided a written petition is received within seven (7) days.You are also
tied to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports,
;rs and notices. Any adverse parties also have the right to appear at the hearing.
ry occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of
.ecting these violations. (CMR.810)
lure to comply with this order may result in a fine of not less than ten,nor more than five hundred
tars; each day constituting a separate violation. It is your responsibility to provide proper workmanship
to obtain the appropriate private permits where necessary.
ar immediate attention will be appreciated. If you have any questions,please contact this office.
cerely,
nand Smith
alth Inspector
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
: 09/26/2011 Time: 1:50pm
#Occupants: 1 #Children<6 Years
ess: 22 Main St. Unit# 3F
City)Town: Northampton
ipant Name: Damian Percival
Phone#413.250.8697
er Name: Michel Moushabek(Moushabek Properties)
Phone#
City/Town: Northampton Zip Code: 01060
er Address: 46 Crosby St.
Felling/Rooming Units in Dwelling: 4
#Stories: 1 Floor Level of Unit: 2
:eping Rooms: 1
#Habitable Rooms: 2
...ern Clan IA nnd
Title: Director
If violations are observed and checked, describe them fully on Page 3.
rea or
ement
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
✓if
Violation
Observed
Responsible Party
Owner
Occupa
nt
)mmon
reas&
Entry
Light, windows
253,254,501
Egress MAIN ENTRY LOCI<AND BUZZER SYSTEM
450,451,452,
480
X
X
Handrails
503
WasherlDryer
351
)rral: 0 Electric Fire ❑ Plumbing 0 Building ❑ Other
inspection report is signed and certified under the pains and penalties of perjury.
rector Signature:
upant or Occupant's Representative Signature:
._.,,......,., nnm. n,. ..r arnnnd nntnher 12. 2011 Time: TBD
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
Main Entry: Door lock and Buzzer system
480:Locks
owner shall provide,install and maintain locks so that:
Every dwelling unit shall be capable of being secured against unlawful entry.
Every door of a dwelling unit shall be capable of being secured from unlawful entry.
)The main entry door of a dwelling containing more than three dwelling units shall
be so designed or equipped so as to close and lock automatically with a lock,
eluding a lock with an electrically-operated striker mechanism, a self-closing door
and associated equipment. Every door of the main common entryway and every
(tenor door into said dwelling,other than the door of such main common entryway
hich is equipped as provided in the preceding sentence shall be equipped with an
operating lock. (M.G.L. c. 143, §3R.)
Acceptable Remedies
Repair or replace as necessary to
restore function to this device.
FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY
IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED.
ant Withholding(General Laws Chapter 239 Section 8A).
de Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do
sithout being evicted
'ou can prove that your dwelling unit or common areas contain violations which are serious enough to
nger or materially impair your health or safety and that your landlord knew about the violations before you
behind in your rent.
ou did not cause the violations and they can be repaired while you continue to live in the building.
ou 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
it the rent money aside in a safe place.)
:pair and Deduct(General Laws Chapter 111 Section 127L).
law sometimes allows you to use your rent money to make the repairs yourself. If your local code
rcement agency certifies that there are code violations which endanger or materially impair your health,
y or well-being and your landlord has received written notice of the violations, you may be able to use this
sdy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within
days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in
year to make the repairs.
etaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239
ion 2A).
owner may not increase your rent or evict you in retaliation for making a complaint to your local code
:rcement agency about code violations. If the owner raises your rent or tries to evict within six months after
have made the complaint he or she will have to show a good reason for the increase or eviction which is
;fated to your complaint. You may be able to sue the landlord for damages if he or she tries this.
ent Receivership(General Laws Chapter 111 Sections 127C-H).
occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into
t rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent
ley as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'
earth 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 net
a minimum standards of habitability.
Infair and Deceptive Practices (General Laws Chapter 93A)
sting an apartment with code violations is a violation of the consumer protection act and regulations for
ch you may sue an owner.
E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU
CIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT
U CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES
FICE WHICH 1S:
Western Mass Legal Services Tel: 413-781-7814
One Monarch Place, Suite 400 1 Springfield, NIA 01144
IER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM
NDARDS FOR HUMAN HABITATION" AT: 22 MAIN ST., #3F, NORTHAMPTON, MA
BOARD OF HEALTH
MEMBERS
)NNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Abbott,R.N.,Public Health Nurse
iveria Mir,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
This is an important legal document. It may effect your rights You may
obtain a translation of this form at: 212 Main St, Northampton Ma
Isto � um documento legal muito importante que podera afectar os seus
direitos. Podem adquirir uma tradgao deste documento de: 212 Main St,
Northampton Ma
Le suivante est un important document legal. II pourrait effecter 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 pub 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 tradccien 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
/ILL- c(asy
BOARD OF HEALTH
MEMBERS
)NNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Abbott,R.N.,Public Health Nurse
Iveria Mir,Health Inspector
Heather McBride,Clerk
1/10
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
uthority of Chapter 11 of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and
3 of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of
'welling named in the attached report, and found it to be in violation of the Minimum Standard of
ess for Human Habitation.A list of the violations is enclosed.
are hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5)
(of the date on this letter) and to make a good faith effort to substantially correct within thirty(30) days all
itions recorded on the report.
are further ordered to correct any violations followed by an asterix (*)within twenty-four hours of
ipt of this notice.These are violations or conditions,which endanger the health, or safety and well-being of
)ccupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the
)pant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection
A reinspection will be conducted, as indicated,to determine compliance.
1 are entitled to a hearing,provided a written petition is received within seven (7) days. You are also
fled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports,
;rs and notices. Any adverse parties also have the right to appear at the hearing.
ry occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of
.ecting these violations. (CMR.810)
lure to comply with this order may result in a fine of not less than ten,nor more than five hundred
lars; each day constituting a separate violation. It is your responsibility to provide proper workmanship
to obtain the appropriate private permits where necessary.
ir immediate attention will be appreciated. If you have any questions,please contact this office.
cerel
i Wood, MPH
.ector,Northampton Health Department
Damian Percival
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
12120110 Time: 1:30pm
#Occupants: 1 #Children<6 Years
ess. 22 Main St. Unit# 3F
City/Town: Northampton
ipant Name: Damian Percival
Phone#
Name: Michel Moushabek(Moushabek Properties)
Phone#
er
City/Town: Northampton Zip Code: 01060
er Address: 46 Crosby St.
eellingl Rooming Units in Dwelling: 4
#Stories: 1 Floor Level of Unit: 2
ieping Rooms: 1
#Habitable Rooms: 2
480
Title: Director
If violations are observed and checked,describe them fully on Page 3.
rea or
ement
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
/if
Violation
Observed
Responsible
Party
Owner
Occupa
nt
derior,
'ard&
'orch
Locks
480
Posting, ID, Exit signs/emergency lights
481,483.484
Handrails, steps, doors windows, roof
500.501.503
Rubbish—storage and collection
600 601
Maintenance of Area
802
)moron
,reas&
Entry
Light, windows
253.254,501
x
x
Egress
450.451.452
Handrails
503
Washer/Dryer
351
x
x
liar Halls
.Stairs
Floors, walls ceilings
500
Hallways, railings, stairs
503
X
X
Light, windows
253,254,501
!droom 1
Location(circle): Front Rear Middle Left Middle Right Floor
of Unit
Level
Ventilation
280
Ceiling height
401.402
Windows, screen
501, 551
Ceiling condition
x
x
idroom 2
Location (circle): Front Rear Middle Left Middle Right Floor
of Unit
Level
Ventilation
280
Ceiling height
401.402
Windows, screen
501.551
athroom
Toilet, sink, shower, tub, door
150
Smooth, impervious surfaces
150
Lights, outlets, ventilations
251.280
Floors/walls
504
Kitchen
Kitchen,
Sink, stove, oven; good repair, impervious and
space refrig
100
smooth,
Lights, outlets,ventilation, windows, screens
251.280,501,
551
Ceiling height
401.402
ea or
tment
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
/if
Violation
Observed
Responsible Party
Owner
Occupa
nt
:ont.
Floor
504
1g room
Lights, outlets, ventilation
250,280
Dining
Ceiling height
401,402
Loom
Windows/screens
501,551
Ceiling condition
x
x
Sink
x
x
sement
Maintenance
500
Watertight
500
Lighting
253
Neter
Source (circle): Public Private
Must be potable
180
Quantity, pressure
180
Responsible for paying MGL ch 186 s 22, metering
354
t Water
Fuel Type(circle): Natural Gas Oil Electric Other
Temp.: °f
Location taken:
Quantity, pressure, 110 F min, 130 max
190
Venting
202
eating
Type(circle): Forced Hot Water Forced Hot Air
Steam Electric
No portable units
200
"Habitable room and every room with toilet, shower,
tub"
201
• 68F7 am to 11 pm,64F 11:01 pm to 6:59 am,
except 6/15-9/15
• 78 F max in heating season/measure 5 feet wall,5
feet floor
Venting, metering
202, 354,355
lectrical
Type(circle): 110 220 Amp:
Amperage, temporary wiring, metering
250,255.256.
354
rainage,
lumbing
Type(circle): Public Private
Sanitary drainage required and maintained
300.351
oke&CO
etectors
Required 8 operational
482
Emergency lights
x
x
Pests
Free of pests (rodents, skunks, cockroaches, insects)
550
Structural maintenance and elimination of harborage
550
Destos or
Paint
351 502
id
rtailment
620
cess
610
ter
rral: ❑ Electric x Fire ❑ Plumbing ❑ Building ❑ Other
inspection report is signed and certified u y he pains and penalties of perjury.
actor Signature:
(pant or Occupant's Representative Signa ure:
spection Date: On or around January 17, 2011 Time: TBD
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.
DOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the
iealth, safety, and well-being of any person(s)occupying the premises
Area/Element, Code Citation and Description of Violation
Acceptable Remedies
Entrance Stairway, (503), Handrail Loose and unsafe
Tighten and Affix to Wall /
V/
Common use Dryer, (351), Lint filter broken
Replace lint filter
Light fixture above washer/dryer, (351), No light is coming from fixture
Fix or replace bulbs V
Emergency lights in hallway are not working
Referred to Fire Department V/
Ceiling panels in Kitchen/Dining Room, (500), Evidence of leaking/chronic
dampness/mold
Find and address source of Teaks
and replace ceiling panels
:fling panels in Bedroom, (500), Evidence of leaking/chronic dampness/mold
Find and address source of leaks
and replace ceiling panels
itchen Sink, (351), Water is leaking underneath sink and faucet leaks when
water turned on
Fix leaks
Kitchen Sink, (351), Bathroom faucet leaks when water turned on
Fix leak
room ceiling near shower, (500), evidence of leaking/chronic dampness/mold
Find and address source of leaks
and replace ceiling panels.
Determine if ventilation system is
capable of exchanging 5 air changes
per hour
cari-
Qo th r4Q J ))L - ik aie
aI-J LL-4
r! -erat .4 L H_
n fiw sr"k{
7
FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY
IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED.
int Withholding(General Laws Chapter 239 Section 8A).
ide Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do
vithout being evicted if
'ou can prove that your dwelling unit or common areas contain violations which are serious enough to
nger or materially impair your health or safety and that your landlord knew about the violations before you
behind in your rent.
ou did not cause the violations and they can be repaired while you continue to live in the building.
ou 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
it the rent money aside in a safe place.)
epair and Deduct(General Laws Chapter 111 Section 127L).
law sometimes allows you to use your rent money to make the repairs yourself. If your local code
rcement agency certifies that there are code violations which endanger or materially impair your health,
:y or well-being and your landlord has received written notice of the violations, you may be able to use this
:dy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within
days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in
year to make the repairs.
etaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239
ion 2A).
owner may not increase your rent or evict you in retaliation for making a complaint to your local code
ircement agency about code violations. If the owner raises your rent or tries to evict within six months after
have made the complaint he or she will have to show a good reason for the increase or eviction which is
slated to your complaint. You may be able to sue the landlord for damages if he or she tries this.
ent Receivership (General Laws Chapter 111 Sections 127C-H).
occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into
rt rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent
ley as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'
earth of Warranty of Habitability.
I may be entitled to sue your landlord to have all or some of your rent retumed if your dwelling unit does net
rt minimum standards of habitability.
Jnfair and Deceptive Practices (General Laws Chapter 93A)
sting an apartment with code violations is a violation of the consumer protection act and regulations for
ch you may sue an owner.
E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU
CIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT
U CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES
FICE WHICH IS:
Western Mass Legal Services Tel: 413-781-7814
One Monarch Place, Suite 400 1 Springfield, MA 01144
•
''I''.r
Map:
NATURE OF COMPLAINT: ff
(19.A *'A ya;1 On Stairs Itaikt
dok�.� ilt,LJ .5,4: I&mdrul inks wigs
Ins
- llw
ee
0.0
„� mss .
A s .be. (_ P/b 3.■-‘0
Looatlon:
Owner:
Address:
Taken try.. 1 Date of Inspection:
Tel:
INSPECTOR'S REPORT:
` cA1S Co.yg1�
Time:
cow, 20 to st 4 �L
uo, I) -ta 12j ei-ta
r if d�,R Krn,„,�u� iii.� ; ;C' I dJ
Action Taken: ce,t cross% fo co (.44_4/ �i,, (� c h.41,11
otor Signature. •
r / 1t
114 nalil
BOARD OF HEALTH
MEMBERS
ONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Abbott,R.N.,Public Health Nurse
averia Mir,Health Inspector
Heather McBride,Clerk
(7:3\\ (1ow�1,\G,be k
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
NOTICE OF COMPLIANCE
41, C;o,by s+.
Nor ion rnA oio6C
COMPLIANCE WITH ORDERS
IF ✓Th't 'Q vSkAird(
a � alo to
property located at 42 Maim Si. it3rt
212 MAIN STREET
NORTHAMPTON,MA 01080
, an initial Housing Inspection was made at
lations were observed and an enforcement letter with
owned or operated by you.
-ection orders was mailed to you on / a / 20 / la
nal re-inspection was conducted on i! //?// /
violations noted in the OeJ'Pry - Cocry4- Da3-ert '2 /2o/IC
orcement letter were found to be corrected and therefore, please note that you have complied with
if the correction orders issued in the inspection report.
s letter was signed under the pains and penalties of perjury. If you have any questions regarding
I matter, please contact me at my office.
icerely,
d, MPH, Director of Public Health
BOARD OF HEALTH
MEMBERS
ONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
mjamin Wood,MPH,Director
a Abbott,RN,Public Health Nurse
iniel Wasiuk,Health Inspector
Heather McBride,Clerk
April 25, 2011
Moushabeck Properties, Inc.
46 Crosby Street
Northampton,MA 01060-1804
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)587-1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA 01060
The Northampton Board of Health has received,and I checked on, a complaint of insufficient cleaning of the
common areas of the 2"d and 3itl floor apartments at 22 Main Street here in Northampton. A commercial kitchen
cleaning cloth was observed in one of the laundry driers and noticeable quantities of lint were evident in the hall
ways and on and in the machine. The drier exhaust was not examined,but I have concerns about whether the
lint filter and exhaust are being cleared of lint regularly to avoid buildups that could be a fire concern. In addition
the hallway carpets,from the ground floor entrance to the 3rd floor apartments, are uniformly filthy.
Please advise us of a regular cleaning schedule which will maintain a healthy level of cleanliness in the common
areas of these apartments.
Sincerely,
Edmund R. Smith
Health Inspector
NI °1 L"(
z "
0
se:
NA R[OF;COMPLAINT:
't s> b uPv � . d�
(2_0. .
YNGE ,L (EFr-
'62) ? Al
s nv'r ;' vfr4 7
1:
,71 NS E OR 8 REPORT:
eJ
ken: Letio_f` "1%k tc.`$ iD Moos �o:iu . �.�ii:.��i L:
D L..te
ew;
)OaIor 8
ER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM
NDARDS FOR HUMAN HABITATION" AT: 22 MAIN STREET APARTMENT#3F
BOARD OF HEALTH
MEMBERS
)NNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Abbott,R.N.,Public Health Nurse
iiel Wasiuk,Health Inspector
fund Smith,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01080
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 um documento legal muito importante que podera afectar os seus
direitos. Podem adquirir uma tradgao deste documento de: 212 Main St,
Northampton Ma
Le suivante est un important document IAgal. 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 puo 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 tradccibn 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
/1M LjrJ emit 742-0 ✓I
L(AJOL✓St) /
C.Ezn F,to
Zv_Io✓c�/f'L
BOARD OF HEALTH
MEMBERS
)NNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Abbott,R.N.,Public Health Nurse
tie!Wasiuk,Health Inspector
nund Smith,Health Inspector
Heather McBride,Clerk
.: 6/23/2011
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
uthority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and
3 of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of
Melling named in the attached report, and found it to be in violation of the Minimum Standard of
ess for Human Habitation.A list of the violations is enclosed.
are hereby ordered to begin necessary repairs, or contract in writing with a third party within five(5)
(of the date on this letter), and to make a good faith effort to substantially correct within thirty(30) days,
F the date of this letter, all violations recorded on the report.
are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of
ipt of this notice. These are violations or conditions, which endanger the health,or safety and well-being of
)ccupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the
ipant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection
1. A reinspection will be conducted, as indicated, to determine compliance.
are entitled to a hearing, provided a written petition is received within seven (7) days. You are also
tied to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports,
ers and notices. Any adverse parties also have the right to appear at the hearing
ry occupant shall give the owner, agent or employees, access,upon reasonable notice, for the purpose of
ecting these violations. (CMR.810)
lure to comply with this order may result in a fine of not less than ten, nor more than five hundred
lays; each day constituting a separate violation. It is your responsibility to provide proper workmanship
to obtain the appropriate private permits where necessary.
u immediate attention will be appreciated. If you have any questions, please contact this office.
cerely,
1 Wood, MPH
ector,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
6123/2011 Time: 11:30 am #Occupants:1 #Children<6 Years 0
ess:22 Main Street Unit# 3F City/Town: Northampton
ipant Name: Damien Percival Phone#1(413)250-8697
er Name:Michael Moushabeck Phone#
ar Address:46 Crosby Street City!TownNorthampton MA Zip Code:01060
ellingl Rooming Units in Dwelling: 4 #Stories: 1 Floor Level of Unit: 2
eping Rooms: 1 #Habitable Rooms: 2
&near. Grhnunel Smith Title: Health Inspector
If violations are observed and checked,describe them fully on Page 3.
rea or
ement
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
Vif
Violation
Observed
Responsible Party
Owner
Occupa
nt
lerior,
and &
'orch
Locks
480
Posting, ID, Exit signs/emergency lights
481,483,484
Handrails, steps, doors windows, roof
500.501,503
Rubbish—storage and collection
600,601
Maintenance of Area
602
minion
reas &
Entry
Light, windows
253,254,501
Egress
450,451,452
Handrails
503
Door
501
rior Halls
Stairs
Floors, walls ceilings
500
Hallways, railings, stairs
503
X
X
Light, windows
253,254,501
droom 1
Location(circle): Front Rear Middle Left Middle Right Floor Level
of Unit
Ventilation
280
Ceiling height
401,402
Windows, screen
501,551
Wall
500
droom 2
Location (circle): Front Rear Middle Left Middle Right Floor Level
of Unit
Ventilation
280
Ceiling height
401,402
Windows, screen
501.551
ithroom
Toilet, sink, shower, tub, door
150
Smooth, impervious surfaces
150
Lights, outlets, ventilations
251,280
Floors/walls
504
(itchen
Sink, stove, oven; good repair, impervious and
smooth, space refrig
100
Lights, outlets, ventilation,windows, screens
251,280,501,
X
X
ea or
tment
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
✓if
Violation
Observed
Responsible Party
Owner
Occupa
nt
551
client
Ceiling height
401.402
ont.
Floor
504
FloorsNValls
500
tg room
Lights, outlets, ventilation
250.280
Dining
Ceiling height
401,402
Oom
Windows/screens
501.551
Ceiling condition
Sink
cement
Maintenance
500
Watertight
500
Lighting
253
Voter
Source(circle): Public Private
Must be potable
180
Quantity, pressure
180
Responsible for paying MGL ch 186 s 22, metering
354
t Water
Fuel Type(circle): Natural Gas Oil Electric Other Temp.: °f Location taken:
Kitchen
Quantity, pressure, 110 F min, 130 max
190
Venting
202
eating
Type(circle): Forced Hot Water Forced Hot Air
Steam Electric
No portable units
200
"Habitable room and every room with toilet, shower,
tub"
201
• 68F 7 am to 11 pm,64F 11:01 pm to 6:59 am,
except 6/15-9/15
• 78 F max in heating season/measure 5 feet wall,5
feet floor
Venting, metering
202.354,355
ectrical
Type(circle): 110 220 Amp:
Amperage,temporary wiring, metering
250.255,256,
354
.ainage,
umbing
Type(circle): Public Private
Sanitary drainage required and maintained
300.351
oke&CO
ctectors
Required 8 operational
482
Emergency lights
Pests
Free of pests(rodents, skunks, cockroaches, insects)
550
Structural maintenance and elimination of harborage
550
restos or
Paint
353.502
.d
tailment
620
;¢SS
810
ter
ral: ❑ Electric ❑ Fire ❑ Plumbing 0 Building ❑ This inspection report is signed
certified under the pains and penalties of perjury.
actor Signature: Y . O.( y,fFG —
pant or Occupant s Representative Signature:
;pection Date: 7/28/2011 Time: 11:30
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.
TOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the
ealth, safety, and well-being of any person(s)occupying the premises
Area/Element,Code Citation and Description of Violation
Acceptable Remedies
Common Hallway 1S`to 2"° Floor: Handrail loose (again)
Fasten securely w/sufficient anchors
to prevent loosening from normal use
en Skylight: leaks in hard rain over refrigerator. Ceiling tiles(new last year)
f water staining from likely roof leaks.
Repair/replace skylight and roofing
as needed to stop chronic dampness
in kitchen ceiling&skylight.
8/ZO,
tateAAORTVI
1.Jaev._
-15Y Sent 7.scOSS
BOARD OF HEALTH Cv ��
CITY HALL C<' °
COMPLAINT RECORD (
Date: 6,/s//nil Time:
Name of Complainant: "[),tc.,,Er' t'E.CC`Jr�t�
Map: Parcel:
Address: 271- MPiti STe- «3r
NATURE OF COMPLAINT:
I-I Lryu-i e_0441e-i NC, A-6
Pre -Jr c' OTC- ,4W' ' SKYtf& (
Location'
Tel: 1t3 -
ZSt -tb2e7
N∎Ckrtu
Owner: kkOOS &P€etCJi— 7¢�K'£C�?l euf osu
I rt3E�
Tel: 582-
a Pc Oroa '7091
Time: q4- ,..,
Address: 4(a CF-tr" S�3E`
Taken by: - Date of Inspection:
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Inspector Signature
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hampton Mail-Re: Faucet/sprayer/ceiling tiles https://mail.google.com/mail/u/0/?ui2&ik=9954d8032f&view--pt&...
en Percival<dperc1111 @gmail.com> Sun,Oct 18.2015 at 11:17 PM
abriel Moushabeck<booklinker @gmaitcom>
rnith@northamptonma.gov
Moushabeck,
ink you very much for all the work that has been done. I wanted to mention that the ceiling tile was broken while being installed in my
Iroom. The worker said it was not going anywhere. It was broken,then pieced back together. I am not sure if you were aware of this. I
not concerned about it. I just do not want to be held responsible for it. Here is a copy of the note you wrote me regarding the damage
he ceiling tile frame in the kitchen during work today.
d regards, Z Iv\t'l t� ' -
3
dien Percival 7 7 S t '
Main Street 3F T
thampton, MA 01060
20 \ Co
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4 iiE tl-frSEn-ty (55.21 S /t3T
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10/28/2015 4:25 PM
hampton Mail-Re: Faucet/sprayer/ceiling tiles https://mail.google,com/mail/u/0/?ui=2&i1=9954d8032f&view=pt&...
p_ p CriJ 0/ lfr (ti 771e3
)--pv f- 3 F a i &'m n u vvL S ate ici /%dk
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10/28/2015 4:25 PM
hampton Mail-Re: Faucet/sprayer/ceiling tiles https://mail.google.com/mail/u/0/?ui=2&ik9954d8032f&view=pt&...
fter this is done,I believe we will have addressed all the issues that you had raised regarding your apartment.
espectfully submitted,
loushabeck properties.
,ent from my Pad
)n Oct 16,2015,at 12:21 PM, Damien Percival<dperc1111 @gmail com>wrote:
I was asked to meet him to install the door.As you know,he asked me to help him.I was asked to let him in and help.This was
supposed to happen 2:30 PM Monday October 12,2015. I waited for an hour and you told me to stop waiting.Here is a copy of the
messages that you and i had between each other.
<IMG_0170.PNG>
On Oct 16,2015,at 12:08 PM, Gabriel Moushabeck<booklinker @gmarl com>wrote:
He did not leave in the middle of the job. He completed installation of the flashing all around and cleaned and tarred all around the
skylights as well as other areas that he felt could be problematic.What he left undone was the door which he could not anchor.My
carpenter already ordered a new door which is not a standard size.It will be installed as soon as it arrives from the manufacturer.
Moushabeck properties.
Sent from my iPad
On Oct 16,2015,at 11:46 AM, Damien Percival<dperc1111 @gmail com>wrote:
Moushabeck Properties
46 Crosby Street
Northampton, MA 01060
Wonderful,thank you for the update. I was wondering what was going on,since the last roofer/worker seemed to have left in the
middle of the job... I don't know if you noticed the mess the he made with tar on the sidewalk,a little on my air conditioner and
quite a lot on the green awning of the Vietnamese business next to us? I have to step over it so I do not track it into the carpets.
The carpets got even dirtier from tar/roofer as well.
I look forward to the repairs and thank you once again
Damien Percival
22 Main Street APT #3F
Northampton,MA 01060
(413)250-8697
On Oct 16,2015,at 11:22 AM,Gabriel Moushabeck<bookhnker @gmail com>wrote:
I have contacted the plumber to fix your faucet sprayer. He will be in touch with me within a week to let me know when he can
take care of this issue for you.
I will let you know ahead of time to make sure that you are there when he comes.
The frame of the door leading to the fire escape has been broken,at this point it is beyond repair.A new door has been
ordered and will be installed as soon as it arrives.
Moushabeck properties.
Sent from my iPad
10/28/2015 4:25 PM
hampton Mail -Re: Faucet/sprayer/ceiling tiles https://mail.google.com/mailMOPlui=2&ik=9954d8032f&view=pt&...
Moushabeck properties.
Sent from my Pad
pith<esmith @northamptonma.gov> Mon,Oct 19,2015 at 8:54 AM
amien Percival<dperc1111 @gmail.com>
Damien
issed work last week for medical reasons and had not sent out anything official regarding the repairs we noted when I visited your unit.
m the sounds of the above emails/texts most if not all the items have been addressed in the last week,and more importantly it seems
and Mr. Moushabeck are communicating effectively with regards to needed maintenance.
continue to just observe via your cc-ing me and only get involved if there are extended difficulties. I am impressed that the landlord has
isistently"replied aIron these messages.
cerely
Smith
Ned text hidden]
round Smith
alth Inspector
rthampton Health Department
2 Main Street, Northampton MA 01060
3)587-1339
gular Schedule:Monday&Wednesday,84:30;Thursday 8-12 noon.
ien percival<dperc1111 @gmail COm> Tue,Oct 20, 2015 at 5:38 PM
!d Smith<esmith @northamptonma.gav>
illo Mr Smith,
irry to hear you were ill last week.Hope you feel better.Yes, Mr Moushabeck and I are communicating very well. It is wonderful.
till keep you in the loop through cc.
id regards,
mien Percival
■nt from my Phone
1 Oct 19,2015, at 8:54 AM, Ed Smith<esmlth @northamptonma.gov>wrote'.
Hi Damien
I missed work last week for medical reasons and had not sent out anything official regarding the repairs we noted when I visited your
unit. From the sounds of the above emails/texts most if not all the items have been addressed in the last week,and more importantly it
seems you and Mr.Moushabeck are communicating effectively with regards to needed maintenance.
I'll continue to just observe via your cc-ing me and only get involved if there are extended difficulties. I am impressed that the landlord
has consistently"replied all"on these messages.
sincerely
Ed Smith
On Sun,Oct 18,2015 at 11:17 PM, Damien Percival<dperc1111 @gmail com>wrote:
Mr Moushabeck,
Thank you very much for all the work that has been done. I wanted to mention that the ceiling tile was broken while being installed in
my bedroom. The worker said it was not going anywhere. It was broken,then pieced back together. I am not sure if you were aware
of this. I am not concerned about it. I just do not want to be held responsible for it. Here is a copy of the note you wrote me regarding
the damage to the ceiling tile frame in the kitchen during work today.
Kind regards,
Damien Percival
22 Main Street 3F
Northampton,MA 01060
<Scan jpeg>
[Quoted text hidden]
[Quoted text hidden]
1 0/28/2015 4:25 PM
hampton Mail-Re: Faucet/sprayer/ceiling tiles haps://mail.google.com/mail/u/O/An=2&ik=9954d80321&view=pt&...
Scan.jpeg
1114K
lel Moushabeck<booklinker @gmail.com>
amien Percival<dperc1111 @gmail.com>
smith @northamptonma.gov
Wed,Oct 21,2015 at 522 PM
sr Damien,
s is to confirm with you that today,Wednesday October 21st my plumber repaired your sprayer faucet in your kitchen sink that was
se.
alieve this concludes all the work that you had requested be done on your apartment#3 F.
cerely,
ushabeck properties.
nt from my Pad
otea text hidden]
ten Percival<dperc1111 @gmail com>
labriel Moushabeck<booklinker @gmailcom>
:smith@ northamptanma.gov
Mr Moushabeck,
m absolutely thrilled and thankful. I will let you know if I get any leaks.
spoke about the fire escape door being ordered,thank you.
id regards,
!mien Percival
lined text hidden]
Wed,Oct 21,2015 at 11:58 PM
10/28/2015 4:25 PM
hampton Mail-Re: Faucet/sprayer/ceiling tiles https://mail.google.com/mail/u/0/?ui=2&ik=9954d8032f&view=pt&...
•••00 AT&T IP
12:10 PM
Messages Moushabeck
* 85% ®r
Details
ixe • even oug repor e
it last two years.
Thank you,
Damien Percival
22 Main Street APT # 3F
Northampton, MA 01060
.(M) 250-8697
Monday 3:25 PM
I've been. waiting for an hour
Me too , please do not wait any
more. I am trying to get in
touch with him.
Ok, have a good day.
Thanks, he has serious health
issues I feel this may have
10/28/2015 4:25 PM
Northampton Health Department
212 Main Street
Northampton,MA 01060 i q.?e 12.01 - A A_cJ -
(413)597-1214 � e AOC
Inspection Form G
5 ate Sanitary Code 105 CMR 410.000: 't'"'(i"' nen-
Chapter II, Minimum Standards of Fitness for Human Habitation (y-J?`Na`l .
1, $ 4i Time 3.62 amg) #Occupants 1 #Children<6 Years i•VC
pen Name /4icm.E-Lafir VIDOSMe 'oC-3hone#
City/Town
phone# $/3 . .5-6-2 "jo 5 Et'
,ss
FrName p4-14.€ j /t' 1 ‘1C-
Apt#
rr Address
City/Town Zip Code
ctor Su" -
Title - book,/'f"1cer&
uo/iJ :41c./;. iebr'(kc crs,
Type of Violation •-
Possible Code
Sections)
✓•d violation
Observed
Responsible
P
M
Description
owner
omw t
Locks,striker mechanism(4 or more units)
480
Posting,ID,Exit signs/emergency lights
481,483,484
Handrails,steps,doors,windows,roof-maintenance
500,503
Weather tight elements
501
Rubbish-storage and collection
600,601
Yard maintenance-trash,debris,vegetation
602
Maintenance of area
500
Doo lights,windows—weather tight,maintenance
i#4cr•azt esc�i ooze
501,500
I
f.\ jq FnCUL�
CLCTLPS /-
Egress—means,obstructed,safe
450,451,452
}�A'��
( S, (L WCr5 l �m4Gt '
Handrails—provided,maintenance
503,500
Lights
254
/
Floor,walls,ceiling-maintenance
500
p
Railings,stairs
503,500
Doors,windows—weather tight,maintenance
501.500
Location(circle): Front Rear Middle Floor Level of Unit
Refrigerate p.ve,oven-good repair,impervious
100
//II pa-p��,
I&c;e' p<e.o
and smooth \5
1 V
Floor,wall fling mai enp ce . "_4} 500
-I-IV.,-,- f Sfae.r,e.._
:d
(,tbivu) 5�u+.r_�
(n-VO
Outlets,lights 251
Windows,screens—weather tight,lock,maintenance, 501,480,500,
provided 551
Non-absorbent Floor 504
Floor,w.l Ce i�.
�j
500
250
/ c f. -.c.t
Y12'ff�
Outlets,lights
Windows,screens-lock,weather tight,maintenance, 501,480,SOO,
provided 551
Type of Violation
Possible Code
Seaiangl
"KYalation
Observed
Res onsible
P
rty
Descripton
crow
comport
Floors,walls,ceiling
500
Outlets,lights
250
Windows,screens—weather tight,locks,maintenance,
501,480, 500,
551
provided
Floors,walls,ceiling
500
Outlets,lights
250
Windows,screens—weather tight,locks,maintenance,
501,080, 500,
551
provided
Floors,walls,ceiling
500
Outlets,lights
250
Windows,screens—weather tight,locks,maintenance,
provided
501,480, 500,
551
Sink,shower,tub—impervious,maintenance
150,500
Lights,outlets
250
Ventilation—natural,mechanical
280
Floors,walls,ceiling—maintenance
500,504
Maintenance,weathertight
500,501
Lighting
253
Fuel Type(circle): Public Private
Potable,quantity,pressure
180.354
Responsible for paying MGL ch 186 s 22,metering
Fuel Type(circle): Natural Gas Oil Electric Other
Temp.: °f Location taken:
190
'110°f min-130 max°f
Type(circle): Forced Hot Water Forced Hot Air
Steam Electric
200,201
No portable units
Bathroom °f
"Habitable room and every room with toilet,shower,
tub"
Kitchen °f
living Room °f
• Min 68°f 7100am-10:59pm
Min 64°f 11:00-6:59am
Bedroom 1 °f
Bedroom 2 °f
• 78 F max in heating season/measure 5 feet wall,5
feet floor
Cooper TM99A-UL Digital Thermometer used to
take temperature readings
Type(circle): 110 220 Amp:
Amperage,temporary wiring,metering
250,255,256,354
Required&operational
482
Note:CO detector not needed for all electric!
Free of pests/harborage
550
Bedbugs/cockroaches/rodents-evidence
550
.al: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other
>spection report is signed and certified under the pains and penalties of perjury.
ctor Signature
>ant or Occupant's Representative Signature
tnartinn narn Time
OTE: 'indicates that this housing inspection has revealed conditions which may endanger or materially impair
>e health,safety,and well-being of any person(s)occupying the premises
a/Element
Code Citation and Description of Violation
410.990: continued
THE FOLLOWING IS A BRIEF SUIL\LARY OF SOME OF THE LEGAL REMEDIES 1 EN.ANTS MAY USE TN
ORDER TO GET HOUSLNG CODE VIOLATIONS CORRECTED.
1. Rent Withholding(General Laws Chapter 239 Section SA).
If Code violations Are_Nor Being Can-ecred doer arm'be entitled to hold backdoor rent pgrnrent. Von can do
this udthoe being evicted 1f
A. You can prove that your dwelling unit or common area 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.
if 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.)
_. Repair and Deduct(General Laws Chapter I 1 I Section 127L).
This law sometimes allows yon to use your rent money to make the repairs yourself. If your local code
enforremen agency certifies that there are code violations which endanger or materially impair your health.safety
or well-being and your Landlord Ias received written notice of the violations.you nay be able to use this remedy. If
the owner fails ro begin necessary moans(or enter into a written contract to have therm made)witin five days afrer
notice or to complete repairs within 14 days after nonce 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 I8 and Chapter 139
Section 2A).
The miner mm'not increase dour rent or en ter you in retaliation for waking a complaint to your local code
enfmaennenr agency about code violatimu. If the owner raises your rent or tries to evict within Ws 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 1 I I Sections 127C-H).
Tire occupants and'or the board of health may petition the Disuict 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 offmrmonths'rent.
5. Search of Warranty of Habitability.
You maybe entitled to sue your landlord to have all or some ofy your rent renmhed ifyar dwelling nit does net
meet ninimnm 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 she an owner.
THE INFORMATION PRESENTED ABO\E IS ONLYA SUED:LARY OF THE LAW.BEFORE YOU DECIDE
TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS.ADVIS.ABLE THAT YOU CONSULT
AN ATTORNEY.YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
(NAME) (TELEPHONE NUMBER)
(ADDRESS)
Geo Tracking #: Entered By: Date Entered:
3ODYART FOOD HOARDING HOUSING NAIL SALONS
NISANCE ODOR PESTS POOLS SEPTIC
;MOKE WATER/SEWER OTHER
COMPLAINTANT'S INFORMATION: CaII Taker Initia'k V v
Date of Complaint: ID /5 / /5
■mplainant/Occupant's Name
ailing Address.
AiYn v_ren
Telephone# 13)d5o- 8697
Alternate# (
Implaint Location: is 77Lt t42 ChLta AP-F 3F
Animals:
TURE OF
)MPLAINT:
MiCheL kt\kSn L-113-583-1ocu
7VNER'S INFORMATION:
mer's Name: e L cc Ig t)L44a_I S-Address:
)perry Mgr./LL:
Telephone# (L0)371-1- 3x32.
Address: Alternate# ( )
;pection Scheduled on:
mplaint Unfounded:
nditions Found.
'TION TAKEN:
mature of Inspecting Officer
/
Date/Time of Inspection
'om: Damien Percival dowel'11(g.grow)com
ject: Please fox my roof/skylight.
late: October 6,2015 at 125 PM
To: Gatxiel Moushabeck booklinker @gmail.com, Michel Moushabeck michel@ interlinkbooks.com
oushabeck Properties
i Crosby Street
orthampton,MA01060
;poke to Gabriel Moushabeck on Tuesday.October 6th 2015 regarding a bird entering my closed kitchen. I removed the bird myself. My
fylight has been leaking for years and it was proposed that it would be removed years ago. The tarps on the skylight are tom and tattered
om being used for years. The skylight still leaks. It is claimed that you are doing the work yourself.
lease be advised the skylightlroof is still leaking. This continues to be a serious problem,as was reported last year.
he water stained ceiling tiles you painted last year are stained by water again,painting the tiles does not fix the cause of the problem.
hey were not replaced as requested last year.
he water sprayer on the kitchen sink is still not fixed even though I reported it last two years.
.-hank you,
Damien Percival
22 Main Street APT #3F
Northampton, MA 01060
(413)250-8697
Friday June 10th, 2010
To Moushabeck Properties,
Hello,I have been experiencing a lot of water damage over here at APT#3F over the
last two storms. The skylight has MAJOR leaking going on. I hope we can do
something to protect my belongings and your property.
Thank you,
Damien Percival
(4 -2--S 0— 8 69.7
Cwt t tAi,<< - cam+ (4)
yo , otie-of , ■