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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 --iV/ahr BOARD Or HEALTH CITY HALL COMPLAINT RECORD Dote: Itl% / Time: 7.-3s. Al al Map: Parcel: IMMIMMIIMIN PLAINT: //��, �,pNA UR,E OF OM/ l/w/(4. fu h-, L ../ y - / V/aler--. Location: 2a CY7 awti _ , 'I �■ ;Owner: 44/ ie�Po�.77MJ !Taken by: / �L Date of Inspection: P ram Time: INSPECTOR'S REPOR : . .A,. •.w i/ i KA.-- s Z g � a _ems V1 L --, T7�" �climi Taken: Inspector Signature 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 elYnkifffC'\ Glke€A4 *AO' 120'1/4( kr+a--9 k -(e_ i„n ( „or 4- yo get fi) le fro yov\flL6 { \ I 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 F,_t C"KY / ,Et /C t14•1-&a Jp A.A«Y1 9 rro / e-ta“ EJ It : Ee—diS r Lm Li,II 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: (t/ya!z0 tti y - 1.akt 4c C TLA.tee-Fn REPORT: 3c7 rKbie-c-noJ - r(✓'c` re/t5 fiee� c_S� A.4, NE-.J P 7I7A15 - Mt) ss-Yc<m-cc: rc.-K 4.->a MEN ) nets yze.f1 u;ti, n fvE NS 14 .5 Ca..x cJ 3.5'11eE - 16, s-,C_ eb GABS E. '-K J 5-1- Re - ' Cae-0 Action Taken: otC Coh3/2-0 , &Ec lJze Inspector Signature a o.xrc Cr -Zen -e 000007 L o 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 l,1T"^ ?c hi t-:31 C r°S p — C Rr •Ds-42 4 iiE tl-frSEn-ty (55.21 S /t3T /tcc JPrt^) c2 oE¢S r l7I'z 8iz.a7 r 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 - vv f5I ° cc- f 'b7 Of a✓ t (io,JA r 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 , ■