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16 Complaint Records & Orders to Correct (2) BOARD OF HEALTH MEMBERS YNTHIA DOURMASHKIN,R.N.,Chair ANNE SURES,M.D. tOSEMARIE KARPARIS,R.N.,M.P.H. PETER J.McERLAIN,Health Agent (413)587-1214 FAX(413)587-1264 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET NORTHAMPTON,MA 01060 NOTICE TO ABATE A NUISANCE COPY DATE: November 4, 1999 ADDRESS 16-18 Main Street Realty Trust #2 Lynbridge Court Stony Brook, NY 11790 MAP: 32A PARCEL: 147 As owner of 16-18 Main Street, Northampton, MA 01060 you are hereby notified to take action to remedy the conditions named below within rWENTY-FOUR HOURS of the service of this notice, according to Massachusetts General .aws, Cha•ter 111, Sections 122- 125: severe cockroach infestation in building which appears to be stemming from the former Eastern Star restaurant on the 1st level. Visual evidence noted of literally 1000's of dead oaches in the restaurant proper. Roaches also noted in the front entry foyer to the block. :rom here it appears that the roaches have spread to the dwelling unit areas upstairs, evidenced by both dead and live roaches in the upstairs areas Since the infestation appears o be spreading upward, the responsibility for extermination falls upon the owner. A wofessional extermination service must be hired to treat the entire premises until the nfestation has been brought under control. Only written documentation of said contractual services will constitute proof of action as well as a re-inspection by the board of health, if seeded, to assure corn•liance. fat the expiration of time allowed these conditions have not been remedied, or are not in the wocess of being remedied, such further action will be taken as the law requires and a fine of 61000.00 for each offense may be charged. By order of the Northampton Board of Health ;ERTIFIED MAIL#Z 537 531 766 Ibis abatem: order is si•ney:nd certified under the pains and penalties of perjury. David . ochan cc: Green, Miles, Lipton, White & Fitz-Gibbon Sanitary Inspector P. O. Box 210 Northampton Board of Health Northampton, MA 01061-0210 HEARING Persons have the right to seek a modification of an order. To accomplish a modification, a person must file in writing a petition for a hearing before the Board of Health. Petitions must be filed on time in accordance with the regulations below: A. Any person or persons upon whom any order has been served pursuant to any regulation of this code (except for an order issued after the requirements of Regulation 33.2 have been satisfied); provided, such petition must be filed within seven days after the day the ordered was served; B: Any person aggrieved by the failure of any inspector(s) or other personnel of the Board of Health: 1. to inspect upon request any premises as required under this code; provided, such petition must be filed within thirty days after such inspection was requested; or 2. to issue a report on an inspection as required by this code; provided, such petition must be filed within thirty days after the inspection; or 3. upon an inspection to find violations of this Article where such violations are claimed to exist or to certify that a violation or combination of violations may endanger or materially impair the health or safety and well- being of the occupant(s) of the premises; provided, such petition must be filed within thirty days after receipt of the inspection report; or 4. to issue an order as required by Regulation 33.1; provided, that such petition must be filed within thirty days after the receipt of the inspection report. Any person upon whom this order has been served, or any person aggrieved by the failure of the inspector to perform as enumerated above, has the right to be represented at a hearing and any adverse party has a right to appear at said hearing. PUBLIC DOCUMENTS All relevant inspection or investigation reports, orders, notices, and other documentary information in the possession of the Board of Health are open for inspection and may be copied for a fee. REMEDIES AND PENALTIES Part of the Inspection Report contains a brief summary of some legal remedies tenants may use in order to get Housing Code violations corrected. Failure to comply with this order also subjects the person ordered to a criminal fine of not less than ten ($10.00) dollars, nor more than five hundred ($500.00) dollars for each day's failure to comply with this order. BOARD OF IILALTH CITY HALL COMPLAINT RECORD c ate: / i $,i Time: if/Dr• Map: Parcel: Name of Co plainant: r f t& tress: / GC of anti - iTel: an - 7 '/.V'v/ 4' ; / Cd/4G4/ NATURE r 1. Q : ` OF VOMPLAINT. 4 / 4� : Ate'• 44-e, 4 Location: d'Iwner: F�Iddress: Tel 444 llaken by:f / ate of Inspection: i /4. Time: U INSPECTOR'S REPO /M/ j:Opp — f Lam— —Lot--r.�// i .,d gl L ' nn,..-- lG,�(fa. wAo 01 �,r to _&F, , - d� tt dak� 1�2lo _Pr9d' ^ . " / Wnitnialmiositaw eV= •� • o •/rmor •-, f /7 Action Ta<en: 00 date _ to"' %ALr ALL/ 4. O Irspector Signature BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date: / Parcel: Location: Owner: Address: Date of Inspection: Time: §I�olMmleldie Chan 9o11 Il v¢5 nspector Ignatnre • O BOARD OF HEALTH CITY HALL COMPLAINT RECORD Dater//ediv 'Time: 3:3,6 Map: Parcel: / Name of Complainant: 71see , i� J P��G��+/ Address: // �_ L —A b Tel: / rt � , - - / Of NAT REGaw:O(Fr/•/t/ LA e i G,W(,Bs • q 1V �o`4ryr��i111r��(� �l, p/�e- JpJ is Location: Owner: F� - -,n /� Tel: Li�� // c= kECc1eiA"QL� Address: l V Taken by:4 L.Dafe of Inspectioner-27 e: INSPECTOR'S REPORT: J f, zvo y 'l - hill!11 MI latsl then cheek emIt ES Action Taken: Inspector Signature 0 COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD. OF HEALTH Plaintiff No. 04-PC-01703 16-18 MAIN ST REALTY TRUST Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o' clock, Monday, December 27 2004 . Date: December 15, 2004 ECMS : SCH-REVIEW Robert G. Fields Clerk Magistrate COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD . OF HEALTH Plaintiff No . 04-PC-01703 16-18 MAIN ST REALTY TRUST Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 : 30 o' clock, Monday, January 24, 2005 . Date : January 12 , 2005 ECMS : SCH-REVIEW Robert G. 'Fields Clerk Magistrate Housing Court Western Division 37 Elm Street Springfield, Massachusetts 01103 (413) 748-7838 Robert G. Fields William H. Abrashkin Clerk Magistrate First Justice Date : January 24 , 2005 Re : Northampton Bd of Health Vs : Richard Lao No: 05-PC-00124 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o'clock, Monday, February 28, 2005 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. ECMS : SCH-SCAUSE Robert b! Fields Clerk Magistrate COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD. OF HEALTH Plaintiff No. 04-PC-01703 16-18 MAIN ST REALTY TRUST Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o ' clock, Monday, January 31, 200 Date : January 26, 2005 ECMS : SCH-REVIEW G. Fields Clerk Magistrate Housing Court Western Division 37 Elm Street Springfield, Massachusetts 01103 (413) 748-7838 Robert G. Fields William H. Abrashkin Clerk Magistrate First Justice Date : January 27, 2005 Re : Northampton Bd. of Health Vs : Wai Lam No : 05-PC-00186 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 : 30 o' clock, Monday, February 28 , 2005 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose . ELMS : SCH-SCAUSE Robert)U'. Fields Clerk Magistrate COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD. OF HEALTH Plaintiff No. 04-PC-01703 16-18 MAIN ST REALTY TRUST Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o' clock, Monday, February 14 , 005 . Robert G. Fields Clerk Magistrate Date : February 02 , 2005 ECMS : SCH-REVIEW COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON ED. OF HEALTH Plaintiff No. 04-PC-01703 16-18 MAIN ST REALTY TRUST Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o' clock, Monday, February 28, 2005 . Date : February 17, 2005 ECMS : SCH-REVIEW Robert G. Rilelds Clerk Magistrate COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD . OF HEALTH WAI LAM Plaintiff - v. - No. 05-PC-00186 Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o'clock, Monday, April 11 , 2005 . Date: March 01, 2005 ECMS : SCH-REVIEW Robert X4.1 Fields Clerk Magistrate REQUEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code Co any Justice or Clerk Magistrate of the Western Division Housing Court SPRINGFIELD HOUSING COURT 37 El M STREET SPRINGFIELD,MA 01191 AITN:KATHY ERNEST J. MATHIEU DIR. OF PUBLIC HEALTH NORTHAMPTON O of h ARD OF Ht HEALTH Name of Inspector 212 MAIN STREET NORTHAMPTON, MA 01060 Street City/Town ************************************x********************************** ON OATH COMPLAINS THAT: Richard Lao, Who's official address is: Wai Lam, Owner Dba 16-18 Main Street Realty Trust 47-21 243rd Street Douglason, NY 11362 Was and is the said owner of this residential premises located at: 16-18 Main Street,Northampton, MA 01060 Wherein the following violations of the State Sanitary Code exists (Pause also see attached report). Enforcement letter attached dated October 21, 2004, and which a re-inspection was conducted on January 14,2005 and no violations were found corrected. ************************************************************************** On October 22, 2004, a representative of the Northampton Board of Health Inspected the premises and determined that the above-noted code violation(s) exits. On October 29, 2004, pursuant to the requirements of the State Sanitary Code,the above-noted property owner was served with a written order to remedy these violations. As of January 14,2005, and from day to day thereafter,the above-noted property owner has willfully, intentionally, recklessly, or repeatedly failed to comply with said order. As such, I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly find a copy of the Inspector report attached to this request. a'! 2019 Y Complainant's Signature Director of Public Health (413) 587-1214 D THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT G CASE NO. oc�� 00164' /aftedelv/ 441 IT Plaintiff(s) vs. WESTERN DIVISION [ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT [ ] MOTION TO CONTINUE THIS CASE TO: MAIOTION TO DISMISS [ ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR [ ] MOTION FOR THE ISSUANCE OF A WARRANT AT [ ] OTHER: On behalf of the Plaintiff(s), the undersigned asks that the above indicated action be taken lath's case for the following reason s): Dated: &5- [ ] ALLOWED [ ] DENIED CLS: 10-5-00 Signature le or = .acity Clerk/ Clerk-Magistrate REQUEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code o any Justice or Clerk Magistrate of the Western Division Housing Court SPRINGFIELD HOUSING COURT 37 ELM STREET SPRINGFIELD,MA 01101 ArtN:KATHY ERNEST J. MATHIEU,DIR. OF PUBLIC HEALTH NORTHAMPTON BOARD OF HEALTH Name of Inspector Name of Health Department 212 MAIN STREET NORTHAMPTON,MA 01060 Street City/Town ON OATH COMPLAINS THAT: Richard Lao, Who's official address is: Richard Lao c/o Panda Garden 34 Pleasant Street Northampton, MA 01060 'V as and is the said owner of this residential premises located at: 6-18 Main Street, Northampton, MA 01060 Wherein the following violations of the State Sanitary Code exists (Please also see attached report) Enforcement letter attached dated October 21,2004, and which a re-inspection was conducted on January 14, 2005 and no violations were found corrected. ************************************************************************** On October 22, 2004, a representative of the Northampton Board of Health Inspected the premises and determined that the above-noted code violation(s) exits. On October 29, 2004, pursuant to the requirements of the State Sanitary Code,the above-noted property owner was served with a written order to remedy these violations. As of January 14,2005, and from day to day thereafter,the above-noted property owner has willfully, intentionally, recklessly, or repeatedly failed to comply with said order. As such, I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly find a copy of the Inspector report attached to this request. Complainant's Signature Director of Public Health (413) 587-1214 Date REQUEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code, Chapter 2 o any Justice or Clerk Magistrate of the Western Division Housing Court SPRINGFIELD HOUSING COURT 37 ELM STREET SPRINGFIELD, MA 01101 'sRNEST J.MATHIEU DIR.OF PUBLIC HEALTH NORTHAMPTON BOARD OF HEALTH Name of Inspector Name of Health Department 212 MAIN STREET NORTHAMPTON.MA 01060 Street City/Town ON OATH COMPLAINS THAT: Wai Lam, whose official address is: Main Street Reality C/O Wai Lam 47-21 24 3rd Street Douglaston, MA NY 11362 is and is the said owner of this residential premises located at: 16 Main Street Northampton,MA 01060 Wherein the following violations of the State Sanitary Code exist(Please also see attached report): Enforcement letter attached dated October 15,2007,which a re-inspection was conducted on October 15, 2007,and no violations were found corrected in that were cited on the property as required by October 22,2007. ************************************************************************** On, October 15,2007, a representative of the Northampton Board of Health inspected the premises and determined that the above-noted code violation(s)stated in the letter do exits. On, October 15, 2007, pursuant to the requirements of the State Sanitary Code and/or the M.G.L, the above-noted property owner was served with a written order to remedy these violations. As of October 23.2007,and from day to day thereafter,the above-noted property owner has willfully, intentionally,recklessly, or repeatedly failed to comply with said order. As such,I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convent relative to this matter. Kindly find a copy of the Inspection report attached to this request. October 23,2007 Complainant's Signature Director of Public Health (413)587-1213 THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS IOUS ING COURT DEPARTMENT ASE NO. d l lit o&;y3 Plaintiff(s) WESTERN DIVISION vs. / " �ci ^� Defendant(s) ] NOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT ] NOTION TO CONTINUE THIS CASE TO: AT IIOTION TO DISMISS -(9 64.1/4911,4A- ] NOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR ] I'AOTION FOR THE ISSUANCE OF A WARRANT ] OTHER: Dn bel calf of the Plaintiff(s), the undersigned asks that the above indicated action be taken i i this case for the following reason(s): i Lea, .1 ad re L/6LL, �7JJi1 Dated: i //�a"//t 7 [ ] ALLOWED CLS: 1C -5-00 [ ] DENIED Signature Title or Capaci y Clerk/Asst. Clerk-Magistrate .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 tricia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: I October 29, 2004 16-18 Main Street Realty Trust Attn: Richard Lao and Wai Lam 47-21 243'd Street Douglason, NY 11362 RE: 16 Main Street, Apt. 2-A REASON FOR INSPECTION: Complaint by Tenant This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto e urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de eerie forme a: Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: PAGE 2 A representative from the Northampton Board of Health conducted an Inspection on October 21, >.004, at the premises located at 16 Main Street,Apt 2-A Northampton, MA (assessor s map 3 )arcel 147 .), owned or operated by you, for compliance with Chapter II of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as :o endanger or materially impair the health, safety, and well-being of the occupants. ARTICLE H 410.000 VIOLATIONS FRONT ENTRANCE. HALLWAY AND STAIRWAY: V- N0# gout- .Cd- A _ p-. Jz/74Y 481 Owners name, address, and telephone number not posted in entrance hallway. ORDER: Owners name, address and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. It must be constructed on notice of durable material,not less than 20 square inches in size, bearing his name address and telephone number. (CORRECT BY OCTOMBER 4. 2004) 500 Cobwebs in stairway. Stairs have not been swept recently. There is sand and litter in stairway. ORDER: Remove all cobwebs and clean stairs. KITCHEN .500 Exhaust fan above stove has missing knob and filter. ORDER: Replace knob and filter. .500 Missing covers on radiator. ORDER: Provide proper covers. .254 Light fixture above sink is not in working properly. Light bulb is possibly burned. ORDER: Repair or replace fixture. .500 One window does not close completely. ORDER: Repair widow to allow closing completely. 500 One window does not open. ORDER: Repair widow to allow opening/closeing. BATHROOM: .500 Holes/cracks in wall above toilet bowl. ORDER: Repair holes/cracks in wall. .500 Wall has peeling paint in closet . Holes/cracks in wall above ceiling. Possible water Leak in apartment above. ORDER: Scrap and repaint. Repair hole. Check for leak. .253 (A) Electrical outlet is defective. ORDER: Replace outlet. LIVING ROOM: .500 Closet door does not close properly or lock. It is difficult to close and lock door. ORDER: Repair door to close and lock properly. -.500 One window does not open. ORDER: Repair widow to allow opening/closing. 253 (A) Electrical outlet is defective. ORDER: Replace outlet. 750 States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.750 of Article II of the State Sanitary Code. Under authority of Chapter HI, Section 127 of the Massachusetts General Laws, and Chapter II rf the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations BY NOVEMBER 19, 2004, UNLESS OTHERWISE INDICATED NEXT CO THE CORRECTION ORDER. should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A -equest must be received in writing to the office of the Board of Health within seven (7) days of receipt of this Oder. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary ,vidence as to why this order should be modified or withdrawn. You have the right to be represented by an money. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, xders, notices and other documentary information relative to this property. If these premises are occupied as rental lousing, the occupants are entitled to their statutory rights and remedies. As required in 410.812(B), I am enclosing copy of these rights and remedies on page 6 in the document entitled "THE FOLLOWING IS A BRIEF 7UMMARY OF SOME OF THE TENANTS LEGAL REMEDIES". 'lease feel free to contact the Board of Health office, at 587-1215, if you have any questions concerning this natter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified order the pains and penalties of perjury. sincerely, invest J. Mathieu, R.S., M.S., C.H.O. )irector of Public Health :c: Brian Peltier 16 Main Street Apt. 3-A. Northampton, MA 01060 (ATTACHMENT) P.AGE 4 THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. 1. Rent Withholding (General Laws Chapter 239 Section 8A) If Code Violations Are Not Being Corrected you maybe entitled to hold back your rent payments. You can do this without being evicted if: (A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B) You did not cause the violations and they can be repaired while you continue to live in the building. C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 111 section 127L) The law sometimes allows you to use your rent money to make the repairs yourself If our local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety or well-being and your landlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin necessary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter 239,section 24). The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this. 4. Rent Receivership (General Laws Chapter 111,Sections 127C-H). the occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather han to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' rent. 5. Breach of Warranty of Habitability. You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet ninimum standards of habitability. i. Unfair and Deceptive Practices(General Laws chapter 93A). 3enting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. IT IS tDVISABLE THAT YOU CONSULT AN ATTORNEY BEFORE YOU DECIDE TO WITHHOLD YOUR RENT DR TAKE ANY OTHER LEGAL ACTION. 11/02/04 ERCIA PAGE 1 L/INDUSTRIAL PROPERTY RECORD CARD NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 32A-147-001 16 MAIN ST PLOT: Living Units: 6 Class: C 013 Card # 1 of 1 CURRENT OWNER/ADDRESS ZONING: CB Neighborhood 301.00 FINAL VALUE FLAG: INCOME 166/-18 MAIN STREET REALTY TRUST LAND DATA CI LAM 47-21243RD ST TYPE SIZE INFLUENCE FACTORS LAND VALUE -ASSESSMENT INFORMATION- PRIME SITE 3000 185,000 PRIOR COST INCOME CURRENT 185,000 DOUGLASTON NY 11362 ;pyppyp/y#ypy q#yygy LAND BLDG L 609,700####fl#A#M 729,300 729,300 SALES INFORMATION DEED BOOK: 5373 TOTAL ACREAGE: 0.069 TOTAL LAND VALUE: 185,000 DEED PAGE: 184 DATE TYPE PRICE VALIDITY DEED DATE: 19980501 LAND + BLD 600,000 0 LAST UPDATE: % 2Di07/ ATTACHED IMPROVEMENTS COST APPROACH DETAIL: TYPE M1 M2 M3 #UNITS LEVELS USE E WALL HEATING A/C AREA SF RATE RCN F GD RCNLD SF1 30 1 1 31 TO 81 83 HOT AIR NONE 1027 36.72 37,710 B1 TO 81 86 HOT AIR NONE 1938 30.51 59,130 01 TO 01 31 BRICK STONE HOT AIR CENTRAL 2965 85.30 252,920 02 TO 03 81 BRICK STONE HOT AIR NONE 2965 122.47 363,130 TO NONE NONE TO NONE NONE TO NONE NONE YEAR RBUILT 1900 TOTAL UNADJ RCN 396,050 # UNITS 6 TOTAL UNADJ.RCNLD 485,680 QUALITY GRADE B GRADE FACTOR 1.26 # ID NT UNITS 1 EFFICIENCIES FUNC/ECON FACTOR 1.10 ## 1-BEDROOMS RCNL 534,250 2-BEDROOMS 2 3-BEDft00MS 4 OUTBUILDING/YARD ITEM DETAIL: DESCRIPTION WIDTH LENGTH QUAN. YEAR PHYS. FUNC. % GD VALUE OR SIZE BUILT COND. UTIL. NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE OTHER IMPROV TOTAL 08Y/YARD VALUE: INCOME APPROACH SUMMARY: TOTAL RENTABLE SQUARE FEET: INCOME ADJUSTMENT 65 INCOME INDICATED VALUE: REQUEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code To any Justice or Clerk Magistrate of the Western Division Housing Court SPRINGFIELD HOUSING COURT 37 ELM STREET SPRINGFIELD,MA 01101 ATTN:KATHY ERNEST J. MATHIEU, DIR. OF PUBLIC HEALTH NORTHAMPTON BOARD OF HEALTH Name of Inspector Name of Health Department 212 MAIN STREET NORTHAMPTON, MA 01060 Street City/Town *********************************************************************max ON OATH COMPLAINS THAT: Richard Lao, Who's official address is: 16-18 Main Street Realty Trust Attn: Richard Lao 47-21 243'a Street Douglason, NY 11362 Was and is the said owner of this residential premises located at: 16-18 Main Street,Northampton, MA 01060 Wherein the following violations of the State Sanitary Code exists (Please also see attached report). Enforcement letter attached dated October 21, 2004, and which a re-inspection was conducted on November 22, 2004 and no violations were found corrected. ************************************************************************** On October 22, 2004, a representative of the Northampton Board of Health Inspected the premises and determined that the above-noted code violation(s) exits. On October 29, 2004, pursuant to the requirements of the State Sanitary Code,the above-noted property owner was served with a written order to remedy these violations. As of November 22, 2004, and from day to day thereafter, the above-noted property owner has willfully, intentionally, recklessly, or repeatedly failed to comply with said order. As such, I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly find a copy of the Inspector report attached to this request. Complainant's Signature Director of Public Health (413) 587-1214 Date Housing Court Western Division 37 Elm Street Springfield, Massachusetts 01103 (413) 748-7838 Robert G. Fields William H. Abrashkin Clerk Magistrate First Justice Date : November 26, 2004 Re : Northampton Bd. of Health Vs : 16-18 Main St Realty Trust No : 04-PC-01703 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09: 30 o'clock, Monday, December 13, 2004 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attornex, if you so choose . ECMS: SCH-SCAUSE Robert G. Fields Clerk Magistrate THE TRIAL COURT COMMONWEALTH ( F MASSACHLMETTS HOUSING COURT DEPARTMENT WESTERN DIVISION CASE NO. d9.—le '6J702-- 4rd6 vs. Yv a4t SAX1 a Plaintiff(s) Defendant(s) [ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT [ ] MOTION TO CONTINUE THIS CASE TO: AA" 41, cley AT [ ] MOTION TO DISMISS [ ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR [ ] MOTION FOR THE ISSUANCE OF A WARRANT [ ] OTHER: On behalf of the Plaintiff(s), the undersigned asks that the above indicated action be taken in this case for the following reason(s): n i z/Or /03oy, 2 cazdt, // Dated:A.44k / 3, den/ [ ] ALLOWED [ ] DENIED Signature Title or Capacity ClerkJAsst. Clerk-Magistrate I BOARD OF HEALTH • MEMBERS OFFICE OF THE tOSEMARIE KARPARIS,R.N.,MPH kNTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF meet J.Mathieu,R.S.,M.S.,C.M.O. Director of Public Health 3rd Meczywor,R.S.,Sanitary Inspector Idle Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: December 9,2004 Wai Lam, Owner Dba 16-18 Main Street Realty Trust 47-21 243rd Street Douglason, NY 11362 RE: 16 Main Street, Apt. 2-A—Brian Peltier REASON FOR RE-INSPECTION: Follow-up This is an important legal document. It may affect your rights. You may obtain a translation of this form at. lsto a urn documento legal muito importante que poder3 afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. Il pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a.: Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: To jest wazne legalny dokument. To mote miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: ■GE 2 representative from the Northampton Board of Health conducted an Re-Inspection on December 9, 04, at the premises located at 16 Main Street,Apt. 2-A, Northampton,MA (assessor's map 32A, reel 147 .), owned or operated by you, for compliance with Chapter II of the State Sanitary Code. its letter will certify that the inspections revealed violations listed below,which are serious enough as endanger or materially impair the health, safety, and well-being of the occupants. RTICLE II 410.000 VIOLATIONS 3ONT ENTRANCE, HALLWAY AND STAIRWAY: 81 ITCHEN Owners name, address, and telephone number not posted in entrance hallway. ORDER: Owners name, address, and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. It must be constructed on notice of durable material, not less than 20 square inches in size,bearing his name, address and telephone number. (CORRECT BY DECEMBER 14, 2004) 00 Missing covers on radiator. ORDER: Provide proper covers 00 One window does not close completely. ORDER: Repair widow to allow closing completely. 00 One window does not open. ORDER: Repair widow to allow opening/closeing. IVING ROOM: ,00 Closet door does not close properly or lock. It is difficult to close and lock door. ORDER: Repair door to close and lock properly. i00 One window does not open. ORDER: Repair widow to allow opening/closing. :53 (A) Electrical outlet is defective. ORDER: Replace outlet. 750 States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.750 of Article II of the State Sanitary Code. Icier authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the (lowing violations BY DECEMBER 30,2004, UNLESS OTHERWISE INDICATED NEXT TO 3E CORRECTION ORDER. ould you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A guest must be received in writing to the office of the Board of Health within seven (7) days of receipt of this der. At said hearing,you will be given an opportunity to be heard and to present witnesses and documentary idence as to why this order should be modified or withdrawn. You have the right to be represented by an .omey. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, ders, notices and other documentary information relative to this property. If these premises are occupied as rental using, the occupants are entitled to their statutory rights and remedies. As required in 410.812(B), I am enclosing :opy of these rights and remedies on page 6 in the document entitled, "THE FOLLOWING IS A BRIEF 7MMARY OF SOME OF THE TENANTS LEGAL REMEDIES". ease feel free to contact the Board of Health office, at 587-1215, if you have any questions concerning this atter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified ider the pains and penalties of perjury. ncerely, -nest J. Mathieu, R.S., M.S., C.H.O. irector of Public Health Brian Peltier 16 Main Street Apt. 3-A. Northampton, MA 01060 GE 4 (ATTACHMENT E FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. Rent Withholding(General Laws, Chapter 239 Section 8A) .-ode Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without ng evicted if: (A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B) You did not cause the violations and they can be repaired while you continue to live in the building. C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) Repair and Deduct(General Laws, Chapter 111 section 127L) e law sometimes allows you to use your rent money to make the repairs yourself. If our local code enforcement agency stifles that there are code violations which endanger or materially impair your health, safety or well-being and your idlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin cessary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs thin 14 days after notice you can use up to four months' rent in any year to make the repairs. Retaliatory Rent Increases or Evictions Prohibited (General Laws, Chapter 186, Section 18 and Chapter 9,section 2A). to owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement ency about code violations. If the owner raises your rent or tries to evict within six months after you have made the mplaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You ay be able to sue the landlord for damages if he or she tries this. Rent Receivership(General Laws, Chapter 111,Sections 127C-H). to occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather an to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to ,rrect the violation. The receiver is not subject to a spending limitation of four months' rent, Breach of Warranty of Habitability. ou may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet inimum standards of habitability. Unfair and Deceptive Practices (General Laws,Chapter 93A). .enting an apartment with code violations is a violation of the consumer protection act and regulations for which ou may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW BEFORE OU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT IS ADVISABLE THAT YOU 'ONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE EAREST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES 584-4034 20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060 BOARD OF HEALTH MEMBERS OFFICE OF THE OSEMARIE KARPARIS,R.N.,MPH 1NTHI SCRIMGEOUR,MHEd,CUES JAY FLEITMAN,M.O. STAFF most J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health ud Meczywor,R.S.,Sanitary Inspector icia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: I January 14, 2005 16-18 Main Street Realty Trust Attn: Richard Lao 47-21 243rd Street Douglason, NY 11362 RE: 16 Main Street, Apt. 2-A—Brian Peltier REASON FOR RE-INSPECTION: Follow-up This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto e urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradcao dente documento de: Le suivante est un important document legal. Il pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legate importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Lid. Puede adquirir una tradccibn de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: GE2 epresentative from the Northampton Board of Health conducted an Re-Inspection on January 14, )5, at the premises located at 16 Main Street, Apt.2-A,Northampton,MA (assessor's map 32A, cel 147 .), owned or operated by you, for compliance with Chapter II of the State Sanitary Code. is letter will certify that the inspections revealed violations listed below, which are serious enough as endanger or materially impair the health, safety, and well-being of the occupants. RTICLE H 410.000 VIOLATIONS tONT ENTRANCE, HALLWAY AND STAIRWAY: Owners name, address and telephone number not posted in entrance hallway. ORDER: Owners name, address, and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. It must be constructed on notice of durable material, not less than 20 square inches in size, bearing his name, address and telephone number. ITCHEN 00 Missing covers on radiator. ORDER: Provide proper covers. 00 One window does not close completely. ORDER: Repair widow to allow closing completely. 00 One window does not open. ORDER: Repair widow to allow opening/closeing. WING ING ROOM: '00 Closet door does not close properly or lock. It is difficult to close and lock door. ORDER: Repair door to close and lock properly. ;00 One window does not open. ORDER: Repair widow to allow opening/closing. 353 (A) Electrical outlet is defective. ORDER: Replace outlet. 750 States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.750 of Article II of the State Sanitary Code. der authority' of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II he State Sanitary Code, you are hereby ordered to make a good faith effort to correct the owing violations IMMEDIATELY AND NOTIFY THIS OFFICE AT 587-1214. IEN ALL VIOLATIOS ARE CORRECTED mid you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A ucst must be received in writing to the office of the Board of Health within seven (7) days of receipt of this er. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary dence as to why this order should be modified or withdrawn. You have the right to be represented by an >mey. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, lers, notices and other documentary information relative to this property. If these premises are occupied as rental 'sing,the occupants are entitled to their statutory rights and remedies.As required in 410.812(B), I am enclosing opy of these rights and remedies on page 6 in the document entitled, "THE FOLLOWING IS A BRIEF MMARY OF SOME OF THE TENANTS LEGAL REMEDIES". rase feel free to contact the Board of Health office, at 587-1215, if you have any questions concerning this fitter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified der the pains and penalties of perjury. 'cerely, nest J. Mathieu, R.S., M.S., C.H.O. rector of Public Health Brian Peltier 16 Main Street Apt. 3-A. Northampton, MA 01060 E4 (ATTACHMENT FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. ent Withholding(General Laws, Chapter 239 Section 8A) rde Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without evicted if: (A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B) You did not cause the violations and they can be repaired while you continue to live in the building. C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) tepair and Deduct(General Laws,Chapter 111 section 127L) law sometimes allows you to use your rent money to make the repairs yourself If our local code enforcement agency ifies that there are code violations which endanger or materially impair your health, safety or well-being and your Hord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin essary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs ain 14 days after notice you can use up to four months' rent in any year to make the repairs. Retaliatory Rent Increases or Evictions Prohibited (General Laws, Chapter 186, Section 18 and Chapter ,section 2A). 0 owner may not increase your rent or evict you in retaliation for ncy about code violations. If the owner raises your rent or tries nplaint he or she will have to show good reason for the increase or y be able to sue the landlord for damages if he or she tries this. Rent Receivership (General Laws, Chapter 111, Sections 127C-H). e occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather in to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to ;rest the violation. The receiver is not subject to a spending limitation of four months' rent. Breach of Warranty of Habitability. m may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet inimum standards of habitability. Unfair and Deceptive Practices(General Laws,Chapter 93A). enting an apartment with code violations is a violation of the consumer protection act and regulations for which m may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE OU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT IS ADVISABLE THAT YOU ONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE EAREST LEGAL SERVICES OFFICE WHICH IS: making a complaint to your local code enforcement to evict within six months after you have made the eviction, which is unrelated to your complaint. You WESTERN MASSACHUSETTS LEGAL SERVICES 584-4034 E .t;:. r. , .' ' ... L ' TFLERHGNE .UMBE 20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060 I BOARD OF HEALTH MEMBERS EMARIE KARPARIS,R.N.,MPH HI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF istJ.Mathieu,R.S.,M.S.,C.X.O. Director of Public Health Meezywor,R.S.,Sanitary Inspector a Abbott R.N.,Public Health Nurse Madeline Heon,Clerk OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 ORDER "MINIMUM STANDARDS OF FITNESS HUMAN FOR HU F M HABITATION AT: CODE January 19,2005 Richard Lao,Owner do Panda Garden dba Main Street Realty Trust 34 Pleasant Street Northampton,MA 01060 RE: 16 Main Street, Apt.2-A —Brian Peltier REASON FOR RE-INSPECTION: Complaint—Insufficient Heat This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto e urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradpao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legate importante. Potrebbe avere eftectto sui suoi diritti. Lei puo ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Lid. Puede adquirir una tradccidn de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twole uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: E2 presentative from the Northampton Board of Health conducted an Inspection on January 19, , at the premises located at 16 Main Street,Apt.2-A,Northampton,MA (assessor's map 32A, 1 147 .), owned or operated by you, for compliance with Chapter II of the State Sanitary Code. letter will certify that the inspections revealed violations listed below, which are serious enough endanger or materially impair the health, safety, and well-being of the occupants. TICLE II 410.000 VIOLATIONS INT ENTRANCE HALLWAY AND STAIRWAY: 1 Ambient air temperature in all habitable rooms of the apartment was 52 decrees Fahrenheit on this date at 8:00p.m.. ORDER: Repair, adjust,or replace heating unit WITHIN IN 24 HOURS(by 8:00p.m., Friday January 21, 2005) in order to provide heat as required by this section of the code which is described in the next paragraph. NOTE: Ambient room temperature must at least 68°F (20°C)between 7:00 A.M. and 11.00P M. and at least 64°F (17°C) between 11:01 P.M. and 6:59 A.M.every day other than durin2 the period from June 15th to September 15th,both inclusive,in each year except and to the extent the occupant is required to provide the fuel under a written letting agreement. The temperature shall at no time exceed 78°F (25°C) during the heating season. Owners name, address, and telephone number not posted in entrance hallway. ORDER: Owners name, address, and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. IT MUST BE CONSTRUCTED ON NOTICE OF DURABLE MATERIAL,NOT LESS THAN 20 SQUARE INCHES IN SIZE,BEARING HIS NAME,ADDRESS AND TELEPHONE NUMBER. '50 States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.750 of Article II of the State Sanitary Code. E• 3 er authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II e State Sanitary Code,you are hereby ordered to make a good faith effort to correct the wing violations IMMEDIATELY AS INDICATED IN THE ORDER AND NOTIFY THIS ICE AT 587-1214 WHEN ALL VIOLATIOS ARE CORRECTED. dd you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A est must be received in writing to the office of the Board of Health within seven (7) days of receipt of this r. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary ence as to why this order should be modified or withdrawn. You have the right to be represented by an ney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation rts, orders,notices and other documentary information relative to this property. If these premises are occupied ;ntal housing, the occupants are entitled to their statutory rights and remedies. As required in 410.812(B), I am osing a copy of these rights and remedies on page 6 in the document entitled, "THE FOLLOWING IS A EF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES". tse feel free to contact the Board of Health office, at 587-1215, if you have any questions concerning this ter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified er the pains and penalties of perj :erely, est J. Mathieu, R.S., M.S., C.H.O. ector of Public Health Brian Peltier 16 Main Street Apt. 3-A. Northampton, MA 01060 '4 (ATTACHMENT FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. nt Withholding(General Laws,Chapter 239 Section 8A) (SEE Item#6 below) It Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without evicted if: (A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B) You did not cause the violations and they can be repaired while you continue to live in the building. C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) epair and Deduct(General Laws,Chapter 111 section 127L) law sometimes allows you to use your rent money to make the repairs yourself If our local code enforcement agency ties that there are code violations which endanger or materially impair your health, safety or well-being and your lord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin ssary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs in 14 days after notice you can use up to four months' rent in any year to make the repairs. tetaliatory Rent Increases or Evictions Prohibited (General Laws, Chapter 186, Section 18 and Chapter section 2A). owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement icy about code violations. If the owner raises your rent or tries to evict within six months after you have made the [plaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You be able to sue the landlord for damages if he or she tries this. Rent 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 court rather a to the owner. The court may then appoint a"receiver" who may spend as much of the rent money as is needed to correct violation. The receiver is not subject to a spending limitation of four months' rent. Breach of Warranty of Habitability. u may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet iimum standards of habitability. Unfair and Deceptive Practices(General Laws,Chapter 93A). ;nting an apartment with code violations is a violation of the consumer protection act and regulations for which u may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE )U DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT 1S ADVISABLE THAT YOU )NSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE 'BAREST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES 584-4034 TELEPHONE NUMBER NAME 20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060 ADRESS 3OARD OF HEALTH MEMBERS MARIE HARPARIS,R.N.,MPH it SCRIMGEOUR,MHEd,ONES JAY FLEITMAN,M.D. STAFF it J.Mathieu,R.S.,M.S.,C.N.O. Director of Public Health 3eczywor,R.S.,Sanitary Inspector Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 ORDER TO CORRECT CSTANDARDS STANDARDS F CODE FITNESS FOR HUMAN HABITATION AT: I January 28, 2005 Wai Lam, Owner Dba 16-18 Main Street Realty Trust 47-21 243"1 Street Douglason,NY 11362 RE: 16 Main Street, Apt. 2-A—Brian Peltier REASON FOR RE-INSPECTION: Follow-up This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Ism �urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradpao deste documento de: ILe suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: — Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: To jest wazne legalny dokument. To maze miec wplyw na twoje uprawnienia- Mozesz uzyskac ttumaczeme teo dokumentu w ofisie: 2 Vai Lam, /citing this letter to you specifically to address the continued lack of heat in this apartment. A entative from the Northampton Board of Health conducted an Re-Inspection on January 28, at the premises located at 16 Main Street, Apt. 2-A,Northampton,MA . you are still in ion with Chapter II of the State Sanitary Code. I e ICLE II 410.000 VIOLA TIONS(addressini lack of heat only in this letter): a). All windows are not weather tight and are very drafty.The ambient air temperature in the apartment on this date at 11:00a.m.was 58 degrees Fahrenheit. ORDER: Cover all windows with plastic as a temporary solution until new widows are installed or the existing ones are repaired and until the furnace is repaired. (Cover widows within 24 En.) State Code requires. ?01: Temperature Requirements The owner shall provide heat in every habitable room and every room containing a toilet,shower,or bathtub to at least 68°F (20°C)between 7:00 A.M.and 11:00 P.M.and at least 64°F(17°C)between 11:01 P.M.and 6:59 AM.every day other than during the period from June 15th to September 15th,both inclusive,in each year except and to the extent the occupant is required to provide the fuel under a written letting agreement. The temperature shall at no time exceed 78°F(25°C) during the heating season. The temperature may be read and the requheurent shall be met at a height of five feet above floor level on a wall any point more than five fret from the exterior-mall. The number of days per year during which heat must be provided in accordance with 105 CMR 410.000 may be increased or decreased through a variance granted in accordance with the provisions of 105 CMR 410.840 not withstanding the prohibitions of the first clause of the first sentence of 105 CMR 410.840(A). .501: Weather tight Elements (A) A window shall be considered weather tight only if: (I) all panes of glass are in place,unbroken and properly caulked;and (2) the window opens and closes fully without excessive effort;and 3) exterior cracks between the prime window frame and the exterior wall are caulked; and (4) one of the following conditions is met: (a) a storm window is affixed to the prime window frame, with caulking installed so as to fill exterior cracks between the storm window frame and the prime window frame;or (b) weather stripping is applied such that the space between the window sash and the prime window frame is no larger than 1/16 inch at any point on the perimeter of the sash, in the case of double hung windows and 1/32 inch in the case of double hung windows and 1/32 inch in the case of casement windows. (c) the window sash is sufficiently well-fitted such that, without weatherstripping, the the space betwee the en the window sash and the prime window frame is no larger than 1/16 inch at any point perimeter case of double hung windows and 1/32 inch in the case of casement windows. 1: Weather tight Elements (Can't) (B) An exterior door or a door leading from a dwelling unit to a common passageway shall be considered be weathertight only if: (1) all panes of glass are in place, unbroken and properly caulked; and (2) the door opens and closes fully without excessive effort; and (3) exterior cracks between the prime door frame and the exterior wall are caulked, and (4) one of the following conditions is met: 1 (a) a storm door is affixed to the prime door frame,with caulking installed so as to fill exterior cracks between the storm door frame and the prime door frame;or (b) weather stripping is applied such that the space between the door and the prime door frame is no larger than BI6 inch at any point on the perimeter of the door or (c) the door is sufficiently well-fitted such that, without weather-stripping the space between the door and the prime door frame is no larger than 1/16 inch at any point on the sides of the door or 118 inch at any point on the top or bottom of the door. (C) a wall, floor,ceiling or other structural element shall be considered weathertight only if all cracks and spaces not part of heating, ventilating or air conditioning systems are caulked or filled in as to prevent infiltration of exterior air or moisture. States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.750 of Article 11 of the State Sanitary Code. ler authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter D re State Sanitary Code,you are hereby ordered to make a good faith effort to correct the swing violations IN THE TIME INDICATED NEXT TO THE CORRECTION ORDER. uld you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A rest must be received in writing to the office of the Board of Health within seven(7) days of receipt of this er. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary fence as to why this order should be modified or withdrawn. You have the right to be represented by an imey. You may contact this office to inspect and obtain copies of all relevant inspection or investigation orts, orders, notices and other documentary information relative to this property. If these premises are occupied -ental housing, the occupants are entitled to their statutory rights and remedies. As required in 410.812(B),I am remedies;dosing a copy of these rights and entitled, "THE FOLLOWING IS A EF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES I 4 feel free to contact the Board of Health office, at 587-1215, if you have any questions concerning this Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified the pains and penalties of perjury. 'ely, t J. Mathieu, R.S., M.S., C.H.O. tor of Public Health Brian Peltier 16 Main Street Apt. 3-A. Northampton, MA 01060 Panda Garden Attn: Richard Lao, Property Manager 34 Pleasant Street Northampton, MA 01060 GE 5 (ATTACHMENT IE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. Rent M ithhnIdlne (General I.aws. Chanter 219 Section RA) e (ATTACHMENT 'OLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. it Withholding(General Laws,Chapter 239 Section 8A) e Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without evicted if: A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to :ndanger or materially impair your health or safety and that your landlord knew about the violations before you were rehind in your rent. a a 3) You did not cause the violations and they can be repaired while you continue to live in the building. 2) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) pair and Deduct(General Laws,Chapter 111 section 127L) rw sometimes allows you to use your rent money to make the repairs yourself. If our local code enforcement agency es that there are code violations which endanger or materially impair your health, safety or well-being and your )rd has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin sary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs ❑ 14 days after notice you can use up to four months' rent in any year to make the repairs. etaliatory Rent Increases or Evictions Prohibited (General Laws, Chapter 186, Section 18 and Chapter ection 2A). owner may not increase your rent or evict you in retaliation for making a complaint•nt to your local code enforcement _y about code violations. If the owner raises your rent or tries to evict within six months after you have made the tlaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You be able to sue the landlord for damages if he or she tries this. ens 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 court rather to the owner. The court may then appoint a"receiver"who may spend as much of the rent money as is needed to correct Flotation. The receiver is not subject to a spending limitation of four months' rent. ireach of Warranty of Habitability. may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet imum 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 which t may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE U DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT IS ADVISABLE THAT YOU NSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE AREST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES := ktE r .2, 7 fit, 584-4034 lIELEeft • 20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060 •BOARD OF HEALTH MEMBERS SEMARIE KARPARIS,R.N.,MPH ITHI SCRIMGEDUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF pest J.Mathieu,R.S.,M.S.,C.N.O. Director of Public Health d Meezywor,R.S.,Sanitary Inspector fa Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (419)587-1214 FAX(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: I March 5,2005 Wai Lam, Owner Dba 16-18 Main Street Realty Trust 47-21 243rd Street Douglason,NY 11362 RE: 16 Main Street Apt. 2-A (NOTE: VACANT) REASON FOR RE-INSPECTION: Follow-up 1This is an important legal document. It may affect your rights. You may obtain a translation of this form at: IIsto a urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 1Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei put) ottenere una traduzione di questo modulo a: Este es un documento legal importante Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: To jest wazne legalny dokument To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: E2 rresentative from the Northampton Board of Health conducted an Re-Inspection on February 5, 05, at the premises located at 16 Main Street,Apt.2-A,Northampton, MA(assessor's map parcel 147 .), owned or operated by you, for compliance with Chapter II of the State Sanitary r This letter will certify that the inspections revealed violations listed below, which are serious gh as to endanger or materially impair the health, safety, and well-being of the occupants. TICLE H 410.000 VIOLATIONS INT ENTRANCE, HALLWAY AND STAIRWAY: Owners name, address, and telephone number not posted in entrance hallway. ORDER: Owners name, address, and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. It must be constructed on notice of durable material,not less than 20 square inches in size,bearing his name, address and telephone number. (CORRECT IMMEDIATELY) 'CHEN Missing covers on radiator. (CORRECT IMMEDIATELY) ORDER: Provide proper covers. ITE: All windows have been sealed and repaired to stay open by themselves. Windows appear now to be weatherproof. States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.750 of Article II of the State Sanitary Code. der authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II he State Sanitary Code, you are hereby ordered to make a good faith effort to correct the lowing violations IMMEDIATELY AND NOTIFY THE BOARD OF HEALTH WHEN IRRECTED. auld you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A uest must be received in writing to the office of the Board of Health within seven(7) days of receipt of this ler. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary dence as to why this order should be modified or withdrawn. You have the right to be represented by an arney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, lers, notices and other documentary information relative to this property. If these premises are occupied as rental using, the occupants are entitled to their statutory rights and remedies. As required in 410.812(B),I am enclosing opy of these rights and remedies on page 6 in the document entitled, "THE FOLLOWING IS A BRIEF TMMARY OF SOME OF THE TENANTS LEGAL REMEDIES" Please feel free to contact the Board of ;alth office, at 587-1215, if you have any questions concerning this matter. Thank you for your anticipated operation in this matter. This inspection report is signed and certified under the pains and penalties of perjury. ncerely nest 1 Mathieu,R.S., M.S., C.H.O. hector of Public Health ert G Fields <Magistrate Commonwealth of Massachusetts Housing Court Department Western Housing Court 37 Elm Street P.O. Box 559 Springfield, MA 01102-0559 (413)748-7838 e: City of Northampton Board of Health s: Main Street Reality io: 07H79PC000243 Honorable William H Abrashkin First Justice Date: October 25, 2007 Notice of Probable Cause Hearing A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if ther is sufficient evidence to require that you be charged with the offense alleged. A clerk's hearing to determine whether criminal proceedings will be commenced against you will be held at: Date: 11/19/2007 Time: 9:00 A/M Courtroom: Northampton Session Session/ Location: Courtroom 2 Northampton District Court 15 Gothic Street Northampton, MA 01060 At the hearing you may be present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. Robert G Fields Clerk - Magistrate City of Northampton Board of Health 212 Main Street Northampton, MA 01060 tie Mathieu m: Ernie Mathieu tt: Thursday, November 08, 2007 9:49 AM Lyn Simmons Anthony Patillo oject: RE: Fire Cuisine Space _ynn, .1 can reach the owners by going thought their Attorney who is Mark Tanner, 31 Trumbull Road, Northampton, MA )60. His phone#is 584-1287. Good Luck! iie 7-1213 gym: Anthony Patillo nt: Tuesday, November 06, 2007 10:41 AM : Lyn Simmons : Ernie Mathieu abject: RE: Fire Cuisine Space o Lyn . I will get it and send to you today...lssac Chow out of new york city..Ernie can you send Lyn the name and dresses you have for violation letters that were sent to owner 16 Main Street. anks my Original Message From: Lyn Simmons Sent: Tuesday,November 06, 2007 10:01 AM To: Anthony Patillo Subject: Fire Cuisine Space Hi Tony, I just spoke with Linda from Cafe Lebanon and she has been trying to contact the owner of the builidng where Fire Cuisine was. Do you have any contact info?She is extremely interested in talking with him about leasing the space. I want to see if you have different information than me. Thanks Lyn Lyn Nuttelman Simmons Clerk to the City Council/License Commission City Hall Room 18 210 Main Street Northampton, MA 01060 (413)587-1210 (413) 587-1264 fax Isimmons@northamPtonma.gov 9af-c7 NOTICE TO QUIT AND TERMINATION OF LEASEIIOL i ESTATE DATE: September 27, 2007 �/Natt LESSOR: 16-18 Main Street Realty Trust Ulf LESSEE: David Maisey vSES AT LAW ADDRESS: 16 Main Street Apartment 2B,Northampton, Massachusetts. Dear Mr. Maisey: AT This notice is provided without limiting or waiving any rights which may have accrued to the Lessor under the Notice to Quit previously served. You, being a Tenant at Will,are hereby notified to quit and deliver up at the expiration of that month of your tenancy which shall begin October 1, 2007,the premises now held by you as Tenant,namely: 16 Main Street Apartment 2B,Northampton,Massachusetts,01060. The foregoing means that you shall remove all of the persons and belongings from the above premises no later than midnight October 31,2007. This notice is independent of any other notice given,without waiving any of Landlord's rights under prior notices,if any. Even if your rent is current, you are still obligated to vacate the premises in accord with this notice. Further,you are required to make your regular monthly rent payment for the month of October, 2007 unless you vacate the premises before the rent accrues for this month. Please call Mark Tanner at(413) 584-1287 upon receipt of this Notice. TOAD MA 0106W36 IO)584 4257 TWA 33E R {CHAD REVAIIN IMO WE ON NNE R IPHt HPHY,JR RION !ER SENLAFLEr DOYLE r IlEHi' I BY,Lu BY ACGN RTa ILICYP ONS C CONNELL anocN- GINRi ER •150 1114 CT ;LSO IN NY ALSO PI PE ALSO N NC ALSO N CA N-wilsOn.c0111 6 SOUTH EAST SIFEET P.O.BOX 2060 n.*€RST.IAA 0100.2060 16-18 Main Street Realty Trust By: 7V Mark A. Tanner,Esq. Bacon& Wilson, P.C. 31 Trumbull Road Northampton,MA 01060 (413) 584-1287 33 STATE STREET SPRINGFIELD.MA 011052003 0 CHAPEL STREET WESmma 1.MA 01005,3009 97- 7A3r1,_4P772-9cW cnzer K-7-0-2-66 - r-fra-tty - ZOyo/ er-vj 151/4/ 10/16/07 10:24:37 AM NORTHAMPTON, MASSACHUSL a " COMMERCIAL/INDUSTRIAL PROPERTY RECORD CARD Card # 1 of 1 PARCEL ID: 32A-147-001 16 MAIN ST PLOT: Living Units: 6 Class: C 013 Neighborhood 301.00 FINAL VALUE FLAG: INCOME CURRENT OWNER/ADDRESS 16-18 MAIN STREET REALTY TRUST LAND DATA -ASSESSMENT INFORMATION- 47-21 C/O WAI LAM IMEE 530E INFLUENCE FACTORS LAN0360,000 PRIOR COST INCOME CURRENI VALUE 47-21 243RD ST PRIME SITE 3000 gqkkk p 360 000 DOUGLASTON NY 11362 LAND G 560,800 p 1iiI/ 480,830 473 600 TOTAL 745,800 f 833,600 833,600 SALES INFORMATION DEED BOOK: 5373 TOTAL ACREAGE: 0.069 TOTAL LAND VALUE: 360,000 DATE TYPE PRICE VALIDITY DEED PAGE: 184 19980501 LAND + BLD 600,000 0 DEED DATE: LAST UPDATE: % 20+07/ ATTACHED IMPROVEMENTS COST APPROACH DETAIL: % GD RCNLD TYPE M1 M2 M3 NDNITS LEVELS USE E WALL HEATING A/C AREA SF RATE RCN B1 TO B1 83 HOT AIR NONE 1027 36.72 37,710 .35 13,190 SF1 30 1 1 81 TO 81 86 HOT AIR NONE 1938 30.51 59,130 .50 29,570 01 TO 01 31 BRICK STONE HOT AIR CENTRAL 2965 122.47 252,920 .35 177,050 TO NONE NONE NONE TO NONE NONE TO TO NONE NONE BUILDING N 1 UNITS TOTAL UNADJ RCN 396,050 YEAR BUILT 1906 TOTAL UNADJ.RCNLD 534250 6 QUALITY GRADE B GRADE FACTOR g IDENT UNITS 0.90 EFFICIENCIES FUNC/ECON FACTOR 480,830 1-BEDROOMS 4 RCNLD ,.:4 dm 2-BEDROOMS 2 - 3-BEDROOMS OUTBUILDING/YARD ITEM DETAIL: DESCRIPTION WIDTH LENGTH QA AN % GD VALUE OR E YER1 PH . uRL. NONE NONE NONE NONE NONE NONE NONE NONE NOE NON NONE NONE - OTHER IMPROV TOTAL OBY/YARD VALUE: INCOME APPROACH SUMMARY: TOTAL RENTABLE SQUARE FEET: INCOME ADJUSTMENT 65 INCOME INDICATED VALUE: ET 4 (ATTACHMENT) 'OLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL :DIES. It Withholding(General Laws Chapter 239 Section 8A) le Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do ithout being evicted if: itt) You can impair prove your dwelling common ti enough endanger or ate all Y our health or safety and that your landlord knew about the violations before you were behind in your en 3) You did not cause the violations and they can be repaired while you continue to live in the building. ll) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent noney aside in a safe place.) ;pair and Deduct (General Laws Chapter 111 section 127L) rw sometimes allows you to use your rent money to make the repairs yourself If our local code enforcement agency .es that there are code violations which endanger or materially impair your health, safety or well-being and your )rd has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin sary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs a 14 days after notice you can use up to four months' rent in any year to make the repairs. etaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter Section 2A). owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement cy about code violations. If the owner raises your rent or tries to evict within six months after you have made the )taint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You be able to sue the landlord for damages if he or she tries this. tent 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 court rather to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to ect the violation. The receiver is not subject to a spending limitation of four months' rent. Breach of Warranty of Habitability. r may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet imum standards of habitability. Unfair and Dec e five Practices (General Laws Chapter 93A). Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owner. NOTE:THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE A-NY OTHER LEGAL ACTION. IT IS ADVISABLE TORNEY YOU SHOULD CONTACT NTHATTORNEY.EAREST LEGGAL SERVICES OFFICE WHICH IS: AN O IIAMPTON MASSACHUSETTS AVENUE,SUITE 0 E 0,A 413-584-4034 NORTHAMPTON,MA 01060 PAGE 2 Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A request must be received in writing to the office of the Board of Health within seven (7) days of receipt of this order. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. You have the right to be represented by an attorney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, orders, notices and other documentary information relative to this property. If these premises are occupied as rental housing,the occupants are entitled to their statutory rights and remedies. Please feel free to contact me at the Board of Health Office, at 587-1213, if you have any questions concerning this matter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified under the pains and penalties of perjury. Sincerely, Ernest J. Mathieu Director of Public Health EMAIL: emathieu @northamptonma.gov cc: David Maisey 16 Main Street Northampton, MA 01060 2 Dear Mr. Lam and Attorney Tanner, On October 15,2007,representatives from this office conducted an inspection at the premises located at 16 Main Street,(which is owned by Main Street Reality, Wai Lam, on record at the Assessors Office), for compliance with CHAPTER II OF THE STATE SANITARY CODE, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION,AND/OR M.G.L. CHAPTER 111, SECTIONS 122- 127, ABATEMENT OF NUISANCES,OF THE MASSACHUSETTS GENERAL LAWS. The owner is the responsible party for complying with all of the correction orders in this letter. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. ICLE II 410.000 VIOLATIONS MINIMUM ITATION, AND/OR CHAPTER 111, SECTION 122-127, O HUMAN ABATEMENT OF SANCES, OF THE MASSACHUSETTS GENERAL LAWS : .315 The heating thermostat on the wall in the hallway outside of Apartment B2 appears to be damaged and is not working properly to provide heat in Apartment B2. ORDER: Repair or replace the heating thermostat on the wall in the hallway outside of Apartment B2 and it must be in working condition and provides to Apartment B2 in compliance with Chapter 2 of the State Code. ( BY OCTOBER 22,2007 AT 4:00 P.M.) Under authority of ARTICLE II, 105 CMR 410.000, MINIMUM STANDARDS FOR HUMAN HABITATION AND M.G.L., CHAPTER 111, SECTIONS 122 TO 125, ABATEMENT OF NUISANCES,you are hereby ordered to make a good faith effort to correct the following violation(s) ( BY OCTOBER 22,2007 AT 4:00 P.M.) OR AS INDICATED IN THE ORDER AND NOTIFY THIS OFFICE AT 587-1213 WHEN ALL VIOLATIONS ARE CORRECTED TO ARRANGE FOR A RE-INSPECTION. A PRE- LIMINARY RE-INSEPCTION WILL BE CONDUCTED ON OR ABOUT October 22, 2007,TO DETERIME IF ANY EFFORT IS BEING MADE TO COMPLY WITH THIS ORDER. Failure to comply with this order will result in this office immediately filing an emergency order before the Hampshire District Court to seek a Court Oder by the Judge to comply with this order an clean your apartment. IMPORT A N T NOTE: PLEASE NOTIFY THIS OFFICE AT 587-1213 WHEN ALL OF THE VIOLATIONS ARE CORRECTED TO ARRANGE FOR A RE-INSPECTION. IF ALL OF THE RE- INSPECTION AND ANOTHER RE-INSPECT ON IS REOIRED,THERE WILL BE A 75.00 RE-INSPECTION FEE FOR EACH RE-INSPECTION RE 1 IRED. BOARD OF HEALTH CITY HALL COMPLAINT RECORD ea See, Date: q/aq/o?I Time: I Map: Parcel: Name of Complainant in d1 I TeI: Y6o-"Yi Address: � Il NATUR E OF COMPLAINT: 41 Mot- hie-tax atel ad-AT otadza.i.bi Location: /6 i ` 4 Owner: Address: Taken by: Date of Inspection: (Time: INSPECTOR' REPORT: cawok Box if YES Action Taken: Inspector Signature 0 BOARD OF HEALTH CITY HALL COMPLAINT RECORD Time: • , mss Address: NATURE OF COMPLAI T. 021A-471) r `o/274 7 x;.42 - Location: Owner: Address: OMNI Action Taken: Date of Inspection: INSPECTOR'S REPORT: Inspector Signature OM eta ESN OEM ow rage 1 of 1 Ernie Mathieu From: David J. Maisey[dmaisey @bigfoot.comj Sent: Friday, October 06, 2006 7:27 PM To: realtytrust_1618 @yahoo.com Subject: heat .0 whom it may concern, h is is David Maisey at 16 Main Street in Northampton MA,writing to you on October 6, 2006. There is currently io heat coming into my apartment here and it is freezing. Please turn on the heat, I have a major health problem Ind my health will be affected if no heat is turned on. thank you for your timely response to this matter, David Maisey 10/10/2006 October 13,2007 Mark A.Tanner,Esq. Bacon &Wilson,P.C. 31 Trumbull Road Northampton,MA 01060 Dear Mr. Tanner: This letter is to follow up on the conversation we had on October 1,2007 regarding the eviction notice I received to vacate 16 Main Street Apartment 2B,Northampton, Massachusetts, 01060. I called to notify you that 1 was interested in working out a compromise or arrangement to my eviction, renting another unit or conversing with the owner as to why I have been evicted. I have not heard a response from you nor the owner as of yet. I have lived in the apartment for approximately 13 years, since September 1994,diligently and responsibly paying my rent on time every month,with never a complaint nor issue by the owner as to my tenancy. I did finding it striking and insulting that I did receive an eviction letter without even a conversation by the owner,nor a desire to work out an arrangement since you said the owner is interested in renovating my apartment. This aggressive stance comes I believe unprovoked. You stated that my apartment was the last one in the building to be renovated. Knowing this is false, and having contacted the building inspector in Northampton in the past few months detailing pieces of the building(Stone cornices) crashing to the street below(Strong street), and illegal work being done on the building without building permits,I do find it odd that I now receive an eviction notice without any conversation by the owner. I find it unacceptable to be leaving under these circumstances, coupled with my personal health issues, a kidney transplant that I communicated to you in our phone conversation. As well,no heat has been turned on to the apartment as I write this letter. I look forward to working out a fair and legitimate compromise to this situation for all parties involved. Respectfully, David J. Maisey 16 Main Street Apartment 2B Northampton,MA 01060 43- S�i/o— c/6 2. ER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE IIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" AND/OR MGL, CHAPTER 111, LIONS 122-127, ABATEMENT OF NUISANCES AT: BOARD OF HEALTH MEMBERS IE KARPARIS,R.N.,MPH,CHAIR XANTHI SCRIMGEAUR JAY FLEITMAN,M.D. STAFF ,t J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Reczywor,R.S.,Sanitary Inspector Abbott,R.N.,Public Health Nurse OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 1 October 15, 2007 Main Street Reality C/O Wai Lam 47-21 24 3`d Street Douglaston, MA NY 11362 Mark A. Tanner, Esq. Bacon&Wilson, P.C. 31 Trumbull Road Northampton, Ma 01060 RE: DEFECTIVE HEAT THERMOSTAT AND NO HEAT This is an important legal document. It may affect your rights. You may obtain a translation of this fonn at: Isto e um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradpao deste documento de: Le suivante est un important document legal. 11 pounait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo 6 un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pud ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradcci6n de esta forma en: To jest wazne legainy dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: PROOF OF SERVICE OF PROCESS I hereby certify and retum that on summons and restraining orders,together with a copy complaint in this action,upon the within named defendant, in the following manner[See Mass. R.Civ.P.4(d)(1-5)]: Dated: Print Name , 200 . Signature N.B. TO PROCESS SERVER: PLEASE PLACE THE DATE YOU MAKE SERVICE ON THE DEFENDANT IN THIS BOX O THE ORIGINAL AND ON COPY SERVED 014 rcnugNT. , 200 . ) cis: 11-30-00 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT HOUSING COURT DEPARTMENT WESTERN DIVISION 37 ELM STREET P.O. BOX 559 SPRINGFIELD, MA 01102-0559 TELEPHONE(413) 748-7838 FAX (413)732-4607 WILLIAM H. ABRASHKIN FIRST JUSTICE DINA E. FEIN ASSOCIATE JUSTICE ass No. 07-CV 1848 David Maisey IBInt((e) 16 Main Street, 2B het Northampton, MA *IMP ROBERT G. FIELDS CLERK MAGISTRATE KEVIN R. BYRNE, SR. CHIEF HOUSING SPECIALIST Date: 10-31-07 Wai Lam 47-21 243rd. Street. Douplaston, NY13362 Richard Lau 34 Pleasant Street Northampton, MA Defendant(s) Sheet GryRJp APPLICATION FOR TEMPORARY RESTRAINING ORDER lased upon the specific facts set out in the attached affidavit/verified complaint filed with the Clerk of this Court,I request tat the Court order the above Defendant($)to desist and refrain from refusing to provide the Plaintiff w/ heat @ the above premises. also request the Court waive Rule 65(c)of MRCP that I provide security for the Issuance of the above orders because NOTICE OF HEARING ON TEMPORARY RESTRAINING ORDER to THE DEFENDANT: You are hereby notified that a hearing on the above application will be held at the Vestern Division of The Housing Court, sitting In Springfield at 37 Elm Street, on 11-/.07 at apnZ at which you may appear and show cause why such Ippllcation should not be granted. VITNESS: William H.Abrashkin, Esq. at Springfield Dina E. Fein, Esq. at Springfield is: 11-30-00 AtArie /Vs ez atc A i 2 fie /-far ®I _r t �� t I t; r 1 er li �1ra�,s 72) eats u«ov.rG , /Orz i i The parties are to appear in court on 7/• ,�U7 review on compliance with this agreement. at o'clock review for Mnv Result In the Dlsmiasal of this asp. "Man RE of the hla efe to appear for this or this review Mav Res��lt In the Issuance of sn vleg r of the flafendpp� to appear for this IF EITHER PARTY alleges that the other party has failed to comply with the terms and conditions of this Agreement, s/he may schedule a court hearing after serving a seven business d^v ftten notice to the other party and immediately filing a copy of that notice with the court. The seven day period begins when the other side receives notice. Once Aooroved By Th dae This Agreement Becomes A. ._21:1_0:01 And Both Parties Are Legally Required To Follow It. If questions arise, please direct them to the mediator.I Understand That t u r : ; . o = aJud•e b t 1st= :d ors o t _ _ . w r- u =it a ate - ' /X..r., rat- S� t/date Oa,* t3 (y 5 Ts PRINT NAME PRINT NAME Telephone William H. Abrashkin, First Justice agree.6 5/22/01 (cis) Telephone Defendant's Attorney Clerk-Magistrate / Asst. Clerk-Magistrate Dina E. Fein, Associate Justice peoples were given to the parties COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT HOUSING COURT DEPARTMENT WESTERN DIVISION 37 ELM STREET - P.O. BOX 5S9 SPRINGFIELD, MA 011020668 TELEPHONE(413) 749O83E1 FAX (413)7324607 ILLIAM H. ABRABHKIN FIRST JUSTICE DINA E. REIN ASSOCIATE JUSTICE ROBERT G. FIELDS CLERK MAGISTRATE KEVIN R. BYRNE, SR. CHIEF HOUSING SPECIALIST e No. U 7e///� 4 Date // / 47 ALAN /Piste/ LANDLORD/PLAlrNTIFF v. // -/Y, 'tA/ srsr Reuelt7TRuSr TENANT/DEFENDANT AGREEMENT OF THE PARTIES HE PARTIES AGREE TO THE FOLLOWING AS A RESOLUTION OF THIS CASE ' El x 9Jr�7r 1 . I Wr 4//u RgP•r�.t//yES 2nc 1r %t' ©m/✓77t- lolor 7-7-tt 7rz7,✓v/rr/T /s lr.✓r& /; ry 2172),0E /7164-7- Or 700 /fl? 6Drr DE' r Sf/7TGL f2D i4or {"Lal,nmr /S -s,nto 'l//f7a2/A-7-a/ 4,0 ZIPv77,'vWtr 44re, $cfs $ 774't !iAT ,f ;q /5 , - razg-1 t -?voi ''r zt 86r /2t'3PV/YS.BtF nz 77-/a Cost OF 721EE Af� //1'G AO 4 hem pvoo ,f- uvWAa/CC DF *2S /9-77 znuz Lr l*n,VTlr� Ironer irfria liar 4-a Apex snaaT,Q 7 Tsr k Q As ,4 Zerer .°4nn61 Arn4er OVER THEREFORE 1 AM ASKING THE COURT TO: tires.:-, Fl St'n..,f F,«7b leI fiLa....T .. FL.r� SI LS: 8.31-00 %S /v23)/ DATE a. •O80vc_ r EA /. NFL•-. pASE PRINT AFFIDAVIT PLEASE PRINT HIS IS A REQUEST FOR AN EMERGENCY ORDER 1DER THE PAINS AND PENALTIES OF PERJURY 1 SWEAR AND AFFIRM THAT: I NAME IS /�2a i r> is-E / , 1 reside at /6 M,ojrj 3, t7.--T74//q("1'1 Pr 72 /1/7) Apt# 2R Floor Phone# y)3- i‘ h Spouse [ j, # of Children 0 Other Occupants o WE LIVED HERE SINCE Seer-. /6? ? It and my rent is $ K.Cn each month, [ leach week, [ ]every 15 weeks, which Includes Beat of Ovate , gas, ;tricity, refrigerator, stove, garage, basement. 4 *41 {M-6-14a4.. ,%(11 5) 51 9404.4-01 dt,u M BRINGING THIS ACTIONr /AGAINST: /.i/,n) L.Arh 6-4n.otof-DJ�i13) ltd' resides at y — 2/ 2 S7 City %x,.44 srur- Zip //3 7 ,_ Phone S u4o rly lain their relationship to the property): H /She s the OWne [ ] Manager [ ] Tenant Other[ ]: The Following Occurred:(PRINT) /S" n Erf'Lt 44' //ter l 7 r t3 L0) 'C . 0 IQ MCAT /A- , orrt I Taasrri.ret2aftwa.sa (OVER)