131 Complaint Record 2007 BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
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3OARD OF HEALTH
MEMBERS
E 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
leczywor,R.S.,Sanitary Inspector
Abbott,R.N.,Public Health Nurse
September 25, 2007
Bruce M. Weinraub
130 Coles Meadow Road
Northampton, MA 01060
OFFICE OF THE
BOARD OF
HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01080
RE: Complaint— 131 State Street-Chapter 2 Violations
I,
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1214
FAX(413)587-1221
Dear Mr. Weinraub,
Yesterday I received a telephone call from your tenant, Ms. Tanya Fernando, expressing a
concern about the security status of her apaitulent.
She stated that there are several windows in her apartment that do not close properly and
line up with the locks,therefore,not being able to lock and be secured. Also, she stated that
she is now seeing mice droppings on her kite countertop in the morning and has a mice
infestation problem.
Please look into this matter and correct these items by September 30,2007. Also, please
call me at 413-587-1213 or on my cell phone at 413-563-6680,as soon as possible,
regarding this complaint and keep me informed of your actions and intentions to resolve
this matter.
For your information, you can find a copy of the State Sanitary Housing Code, Chapter 2,
on our department website at:
http://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr410.pdf
Also,please feel free to email me if you with to communicate with me in this way in
regards to your property located at 131 State Street.My email address is
emathieu@northamptonma.uov Please, it is imperative that you call me as soon as
you can to discuss this complaint. I am awaiting your call.
Sincerely,
Ernest J. Mathieu,RS, MS, CHO
Director of Public Health
EMAIL: emathieuanorthamptonma.gov
cc: Tanya Fernando
131 State Street
Northampton, MA 01060
..
..T 998
09/25/07 8:53:30 AM
RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1,
PARCEL ID: 310-147-001
131 STATE ST PLOT: LIVING UNITS: 1 CLASS: R - 102 CARD #: 1 OF 1
NEIGHBORHOOD ID: 10.00 FINAL VALUE FLAG: MAN OVERRIDE
CURRENT OWNER/ADDRESS
OONAGH C BRUCE M & LAND DATA - ASSESSMENT INFORMATION -
131ASX C DOHERTY TYPE SIZE INFLUENCE FACTORS LAND1 VALUE PRIOR COST CURRE Ni
131 STATE ST #1 PRIME SITE 6880
NORTHAMPTON MA 01060 LAND 174,300
BLDG 179,000 111,600 250,000
TOTAL 179,000 285,900 250,000
SALES INFORMATION
DEED BOOK: 8348
DEED PAGE: 165 TOTAL ACREAGE: 0.158 TOTAL LAND VALUE: DATE TYPE PRICE VALIDITY
DEED DATE: 20050718
LAST UPDATE/COST: 20070925 19991213 LAND • BLD 152,000 0
9604 LAND * BLD 90,000 0
LAST UPDATE/COST: 20070925
ADDITION DATA
X DATE: Lower Level First Floor Second Floor Third Floor Area
84
DATA COLLECTION INFORMATION OFP 36
OFP FrBay 28
INFORMATION CODE: ENTRY * SIGN Bsnnt FrBay 42
DATARCOLLEN ORURCE: 1sFr 1sFr 242
DATA COLLECTOR: Bsmnt IsFr lsFr 20
DATE: Bsmnt 1sFr F/ON 18
DWELLING INFORMATION
STYLE: CONVENTIONAL
YEAR BUILT: 1900
STORY HEIGHT: 1.00
ATTIC: NONE
Basement: FULL
TOTAL ROOMS: 6
TOTAL BEDROOMS 2
FULL BATHS: 2 ADDITIONAL DWELLING INFORMATION 13 7
Half Baths: ADDITIONAL FIXTURES: a7s 6
BASEMENT WALLSE(#[PRBI FRAME BRICK TRIM: X
EXTERIOR WALLS:
UNFINISHED AREA: STONE TRIM: X 725 BB ar./s
GROUND FLOOR AREA: REMODELING DATA 1Co
TOTAL LIVING AREA: 1344
FINISHED BASEMENT LIVING AREA:: ee
X YEAR REMODELED:
BASEMENT RECREATION AREA: X
MASONARY FIREPLACE STACKS/OPENINGS: / KITCHEN REMOD(Y/N)
METAL FIREPLACES: BATH REMODEL (Y/N) 1493
A/C: BASIC
HEATING SYSTEM: STEAM
FUEL TYPE: OIL
QUALITY GRABS: PHYSICAL CONDITION AVERAGE
C 13
13
MONO/O ND/DE ESIRABILIiY/UT ICI iY AV AV INTERIOR/EXTERIOR SAME
OUTBUILDINGS & YARD ITEMS PERMIT DATA 2 7
4 83
RG 1E OT' YR93S01 Z'1 51 ZZ209 LRD PCONO DATE PURPOSE PRICE 9605 80,000 ADO APi B
38987
NOTES: 19 19
ADD AND REMODEL AUXILIARY APT 9
AND ROOF FY 98 amore
:rnie Mathieu
:rom: oonagh Doherty [oonaghcdoherty @hotmail.com]
Tent: Wednesday, September 26, 2007 3:38 PM
fo: Ernie Mathieu; oonaghcdoherty@hotmail.com
Subject: 131 State Street-Chapter 2 violations
Page 1 oft
;ar Mr. Mathieu:
2 got your letter today about windows and mice at the 131 State Street apartment. I'll address the issue of
ndows first. We really want Tanya to be happy with the apartment, and of course we want the windows to
ark. It is important that our unit be up to code and in good condition.
inya did let us know that she was having trouble with a couple of the windows, and we told her that we would
t a repairperson in to see the windows and fix them if necessary. I think it was Monday 9/24, but it may have
ten Sunday 9/23, when we called Tanya to let her know we had scheduled a repairperson to see to the
indows this morning, 9/26, at 9:30 AM. Yesterday, she called me back and told me she could not be available
that time, and that we were not allowed into the unit without her. The lease does provide that we can have
:cess to make repairs with 24 hours notice, but I didn't want to push this with her. Her tone gets very
;pleasant very quickly, and I didn't want her to start yelling at me. Tanya said she was available later in the
3y, but unfortunately our repairperson had other jobs lined up and could not change the appointment.
/e called Tanya back last night, and asked her when she would be available, so we could set up another
ppointment with a repairperson. She would not give us a time, and her tone was very unpleasant. She kept
aying we had to fix the windows today - but not until 11:00.
he also mentioned - for the first time -that there were mice. We had heard nothing of this before.
o made
house at 112:30. Two of the sassh windows in the kitchen havoe stiff, older catches.look Bruce WD-40'd vthem,
Ind we were able to lock the windows, but the catch seems to be a little stiff for Tanya to handle easily herself,
.o we will have the repairperson come in and replace the stiff catches, and check all the other windows to be
;ure they are not stiff, and that Tanya can manage. There is a small living room on the first floor, and the
vindow in that room sometimes slips open. I am pretty sure it slips open only when it is not locked with the
.atch, but whatever the detail on that, of course Tanya should have windows that work well and the repairman
Nill see to that, as well.
3ecause of Tanya's resistence to scheduling with us, we have just agreed with her that we will give her the
repairman's number, and she can schedule directly with him at a mutually convenient time.
Now the mice. Again, the first time Tanya mentioned mice was last night. This morning we bought some Diacon
mouse poison, which is what I use myself at this time of year when mice are seeking a winter home. I have
always found it to be very effective. We offered it to Tanya, but she did not want to take it. She said she didn't
want a dead mouse to get trapped in the house, and the solution she offered was or.us to fill I rackst want gaps
her to
(not that I have noticed any in the house) with steel wool soaked with peppermint Again,
getting upset with me, so I just said I'd check with someone and get back to her tonight about what to
use for mice. I strongly feel that we should either use mouse poison or - if worst comes to worst, and the poison
is not effective fumigate, because if the mice are not dealt with they may multiply. I want the apartment to be
up to code. Again,Tanya seems resistant to that. I am going to leave the Diacon on her porch tonight, along
with a note asking her to use it.
I think you should know,just so that you have the full picture, that Tanya has been in our unit since August 15,
and we have not found her to be a very cooperative tenant so far. For example, the day she arrived, she called
and stated that the unit was dirty, and that we had not touched up the paint, and that she was going to stay in a
10/3/2007
Page 2 of2
el and call cleaners, and then deduct the cost from the first months rent. She wanted to deduct$847. The
t had been professionally previously, have s of i also have bills
ti the painter who we arranged would do touch up at her request. In the end shedid pay the full first months
t.
re is another example of Tanya's lack of cooperation: we have escrowed the first months rent and security
posit as required by law, but Tanya will not give the bank the information necessary to add her name to the
:ount.
now your job is just to enforce compliance with the sanitary code, and I am sorry to burden you with all this
ormation, but I want a mouse, we are ryngot to
deal with hit immediately. Unfortunately Tanya has not nbeen very cooperative dso fare
is hope that all goes well from now on. Please feel free to call me at 413-586-6184 or 413-320-3630 for an
date, or if you have any questions.
rank you for your time, and again I apologize for taking up so much of it.
ncerely,
onagh Doherty.
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Page 1 of 1
:role Mathieu
rrom: oonagh Doherty [oonaghcdoherty @hotmail.comj
Sent: Saturday, September 29, 2007 8:10 AM
ro: Ernie Mathieu; oonaghcdoherty @hotmail.com
Subject: 131 State Street
:at: Mr. Mathieu:
vanted to update you about our efforts to get the windows seen to and the mouse or mice eliminated.
ednesday evening, I dropped diacon mouse poison off on Tanya's porch, and placed it between the screen door
id the front door. I left Tanya a phone message with the number of our repair person,Tim Mclrney, and a
quest that she use the diacon, and if that is not effective, we can schedule fumigation. I called Tim and
viewed with him that Tanya would be contacting him to schedule a visit at their mutual convenience. Thursday
wrote to Tanya and reviewed all this in writing -with Tanya I feel documentation is necessary. In the letter,
pointed out that since she will not let anyone enter the unit unless she is present, she will need to make herself
iailable for the repair. I also mentioned that, since we have been cited for mice, it is a requirement of the
oard of
con, and if that hat fails, fumigate. Ia asked lher to call us right awaytif oil and she has anly more problems. She try wool will work,
She has our
ome number and my cell.
Je checked in with Tim yesterday, and Tanya has not called him yet. She has not called us either.
,t this point, I feel quite worried. Tanya has sent us a certified letter, and has called you, apparently requesting
hat you cite us for failing to make repairs, but at the same time, she seems to be actually blocking our efforts to
ix the problems she reports to you.
plan to call Tanya today and check in with her.
would really appreciate the chance to review this situation with you. You asked us to correct the problems by
September 30, but how can we, if Tanya won't let anyone in when she isn't there, won't give us times she is
available, and, after she has agreed to contact the repairperson directly to schedule a time, fails to do it? She
31so has indicated that she doesn't want to use mouse poison.
[ will try and reach you on Monday. You can also reach me at home, 413-586-6184 or 320-3630, my cell.
Thank you for your help.
Sincerely,
Oonagh C. Doherty
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1 0/3/2007
rnie Mathieu
'rom: Ernie Mathieu
lent: Thursday, October 11, 2007 1:12 PM
ro: 'oonagh Doherty'
Subject: RE: 131 State Street
attachments: Code Housing Standards.doc
:tober 11,2007
rage I uiL
,.ar Ms. Dorothy,
lank you for your response. This morning I received a call from your tenant,Tanya Fernando, stating
at your repair person has been to her apartment and that all of the windows now lock easily and that
re is satisfied with the windows. She also said that the holes in the cabinets(where the mice droppings
ere)were covered. She has not seen any more droppings or mice a feels that the mice problem no
,nger exist. You have now complied with all of my requests and all repairs are completed.
or future reference I have attached the state sanitary code for housing code in word form for you
erusal. Also, for your information, there is a very good website that an Attorney, A. Joseph Ross,J.
1.,who is located in Boston, has that is worth looking at. Many other landlords who have looked at it
ave said it was helpful to them.
Es website by J.Ross for Housing information is: www.attomeyross.com
'rint this out and follow these directions before you open the website. After you open the site the home
)age has a table of categories to click on. Click onto "Law Info". There are many helpful documents
sere. I suggest that you click onto:" How to be a landlord and avoid legal trouble". You should also
:heck out the other documents on this page.
GOOD LUCK!
Ernie Mathieu
5871213 (Direct Line)
From: oonagh Doherty [mailto:oonaghcdoherty@hotmail.com]
Sent: Wednesday, October 03, 2007 3:58 PM
To: Ernie Mathieu; oonaghcdoherty @hotmail.com
Subject: 131 State Street
Our tenant Tanya Fernando has finally called me back. She was away this week, she says and will be leaving
again tomorrow and will be away until 10/8. For that reason she will not be available so the repai she caln come
and repair the windows until after 10/8. She has called him and has left him a message, and
arrange a time with him. She says she feels safe meanwhile since the windows are locked.
Tanya says she spoke to you, and that you told her that you had instructed me not to use mouse poison. Is that
true? Her solution is the use of have a heart traps and stuffing crevices s with
s eell no 1,and she says
afoo that( ie
the steel wool) we will have to move the stove and major appliances
10/11/2007
rageL UrL
stence, none of this - including the placing of have a heart traps should we use those -can happen until she is
k from her next trip, which will be Monday 10/8. She says she has not seen any signs of mice since last
=_k. I am giving you all these dates so you can see that Tanya's schedule and lack of cooperation has
vented us from complying immediately.
ave called Minuteman Pest Control on Conz Street and spoke to Laura. They told me that, while blocking
3e, obvious holes is a good idea, you cannot mouseproof a house by stuffing steel wool, especially not a
plex like ours. Mice can squeeze through a gap the width of a dime. As I recall, they used the word
)peless.' It would be especially hopeless to try and mouseproof one side of a duplex. If we call them out to
:erminate mice, they will be using mouse poison -that's what the professionals use.
hecked the sanitary code. It says that: "extermination shall be accomplished by eliminating the harborage
Ices of insects and rodents, by removing or making inaccessible materials that may serve as their food or
eeding ground, by poisoning, spraying,fumigating, trapping or by any other recognized and legal pest
id its
mination free from all rodents, skunks, cockroaches llc and insect infestation and shall be responsible for it
terminating them."
-ead that to mean that we, the responsible owners, not only have the obligation to get rid of the mice or
ouse, but may do so by any recognized and legal pest elimination method that yo
we u choo5e, such as�se ning.
ie experts use poison, and I think we should too. Since we have been told by y
-oblem, we have to do it. If I trusted Tanya at all, I would be fine using have a heart traps, and trying to deal
ith this gently. However,Tanya has threatened to withold rent from the minute she stepped in the house, and
le reported fin about I he legal failing
ie orders of the Board of Health (fines etc) are potentially so se ousthatI don't want to use ineffective half
ieasures.
lasically, what I need to know from you is this:
1) Did you tell me not to use mouse poison, and did you tell Tania that I am not supposed to use mouse poison
o eliminate the mice? Is it the position of the Board of Health that we cannot use poison to get rid of the mice?
s it the position of the Board of Health that Minuteman, if called in cannot use poison to eliminate the mice?
;2) If I do agree to use have a heart traps only, at Tanya's insistence, are agreeing you are not going to cite or
mne us for noncompliance if the have a heart traps do not solve the problem?
;3) Since Tanya won't let anyone do anything about the mice until after 10/8, do you agree that we cannot be
blamed for the delay?
Please let me know. Thanks.
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10/11/2007