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11/09/2011 12:48 1-413-536-0454 JARVIS FEIGHTS
NEW SOUTH STREET APARTMENTS
MOUNT HOLYOICE MANAGEMENT, LLC
MANAGEMENT OFFICE
SGerard Way
Holyoke, MA 01040
Telephone (413) 532.3709 FAX (413) 536-0454
TTY to Voice 1400439-2370
TO: Ed - Northampton Board of Health
FROM: Julia Clinton, Property Manager
DATE: November 9, 2011
RE: Bed Bug Extermination - Rosemary Baez 30B New South Street,
FAX k: 413-587-1221
TOTAL PAGES INCLUDING COVER: 4
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Attached is the invoice together with the extermination check list for the Bed Bug
treatments on October 4, 2011 and October 19, 2011 for Rosemary Baez 30B New South
Street, Northampton. The exterminator is going to schedule a third treatment and as soon
as I have the date I will let you know.
Any questions please call me.
Julia
From the desk of:
Julio Clinton. Property Manger
New South Street Apartments
Management Office
5 Gerard Way
Holyoke, MA 01040
Telephone: (413) 532-3709
Fax #: (413)-536-0454
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11/09/2011 12:48 1-413-536-0454 JARVIS HEIGHTS
Bug Off Pest Control
p.O.Box 602 Whately, Ma 01093
413.695.2776
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PAGE 02/04
► BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Patricia Abbott,R.N.,Public Health Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
'ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM
STANDARDS FOR HUMAN HABITATION" AT: #30B NEW SOUTH ST.
This is an important legal document. It may affect your rights. You may
obtain a translation of this form at: 212 Main St, Northampton Ma
Isto � urn documento legal muito importante que podera afectar os seus
direitos. Podem adquirir uma tradgao deste documento de: 212 Main St,
Northampton Ma
Le suivante est un important document legal. II pourrait affectar vos
droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main
St, Northampton Ma
Questo a un documento legale importante. Potrebbe avere effectto sui
suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212
Main St, Northampton Ma
Este es un documento legal importante. Puede que afecte sus direchos.
Ud. Puede adquirir una tradccibn de esta forma en: 212 Main St,
Northampton Ma
To jest wazne legalny dokument. To moze miec wplyw na twoje
uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212
Main St, Northampton Ma
NORTHAMPTON BOARD OF HEALTH
City Hall, 212 Main Street
Northampton, MA 01060
Tel #: (413) 587- 1214
► BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Patricia Abbott,R.N.,Public Health Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
Date: 10/5/2011
By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and
127B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of
the dwelling named in the attached report, and found it to be in violation of the Minimum Standard of
Fitness for Human Habitation. A list of the violations is enclosed.
You are hereby ordered to begin necessary repairs, or contract in writing with a third party within five(5)
days (of the date on this letter), and to make a good faith effort to substantially correct within thirty(30)days,
as of the date of this letter, all violations recorded on the report.
You are further ordered to correct any violations followed by an asterix (*)within twenty-four hours of
receipt of this notice. These are violations or conditions, which endanger the health, or safety and well-being of
the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the
occupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection
form. A reinspection will be conducted, as indicated,to determine compliance.
You are entitled to a hearing, provided a written petition is received within seven (7) days.You are also
entitled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports,
orders and notices. Any adverse parties also have the right to appear at the hearing.
Every occupant shall give the owner, agent or employees, access, upon reasonable notice,for the purpose of
correcting these violations. (CMR.810)
Failure to comply with this order may result in a fine of not less than ten, nor more than five hundred
dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship
and to obtain the appropriate private permits where necessary.
Your immediate attention will be appreciated. If you have any questions, please contact this office.
Sincerely,
Ben Wood, MPH
Director,Northampton Health Department
1
Inspection Form
Northampton Board of Health, 212 Main St., Northampton, MA 01060,413-587-1214
SSC 105 CMR 410.000. Chapter II, Minimum Standards of Fitness for Human Habitation
Date: 10/5)2011 Time:11:00 a.m. #Occupants: #Children < 6 Years
Type of Violation
Use blank boxes for ones not listed
Address:30B New South St. Unit# 30B City/Town: Northampton
if
Violation
Observed
Occupant Name: Rosemary Baez Phone#413.336.5386
Party
Occupa
nt
Owner Name: Jarvis Heights Phone# Julia @ 532.3709
Pests
Owner Address:5 Gerard Way, Holyoke, MA City/Town: Holyoke Zip Code: 01040
550
#Dwelling/Rooming Units in Dwelling: #Stories: 3
Floor Level of Unit: 2
#Sleeping Rooms: 2 #Habitable Rooms: 4
Structural maintenance and elimination of harborage
Inspector: Edmund Smith Title: Health Inspector
If violations are observed and checked,describe them fully on Page 3.
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
if
Violation
Observed
Responsible
Owner
Party
Occupa
nt
Pests
Free of pests(insects)-CONFIRMED BEDBUGS
550
Structural maintenance and elimination of harborage
550
Access
Tenants responsibility to prepare apartment
(possessions&pets)for scheduled bedbug
extermination- rescheduled from 9/29 and 10/1;
now scheduled for 9 a.m. 10/6 Thursday
810
X
X
Other
Referral: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ This inspection report is signed 1
and certified under the pains and penalties ofper'ury.
Inspector Signature:
Occupant or Occupant's Representative Signature:
Reinspection Date: as appropriate to treatments Time:
Written description of any violation(s)checked above
Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may
include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000.
NOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the
health, safety, and well-being of any person(s)occupying the premises
Area/Element, Code Citation and Description of Violation
Acceptable Remedies
Entire Apartment tenants possessions and pets:
410.810:Access for Repairs and Alterations
Tenant must by 9 a.m. 10/5/2011
have bagged all cloth possessions
for self heat treating(clothes drier set
for> 130 degrees)and cleared
apartment of pets for 4 hours after
treatment(s). Extermination has
been twice delayed (from 9/29 and
10/3 because of lack of preparation).
Every occupant of a dwelling,dwelling unit, or rooming unit shall give the owner
thereof, or his agent or employees, upon reasonable notice, reasonable access, if
possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose
of making such repairs or alterations as are necessary to effect compliance with the
provisions of 105 CMR 410.000.
Entire apartment(#30B)plus inspection of adjoining apartments per Northampton City
Bedbug Regulations(attached):
410.550: Extermination of Insects Rodents and Skunks
Bedbug extermination to be carried
out by licensed applicator at earliest
possible time, and adjoining
apartments to be inspected to check
for extension of infestation.
(B) The owner of a dwelling containing two or more dwelling units shall maintain it and its
premises free from all rodents, skunks, cockroaches and insect infestation and shall be
responsible for exterminating them.
(D)Extermination shall be accomplished by eliminating the harborage places of
insects and rodents, by removing or making inaccessible materials that may serve as
their food or breeding ground, by poisoning, spraying, fumigating, trapping or by any
other recognized and legal pest elimination method.All use of pesticides within the
interior of a dwelling,dwelling unit, rooming house, or mobile home shall be in
accordance with applicable laws and regulations of the Department of Food and
Agriculture's Pesticide Board, including those appearing at 333 CMR 13.00,which
provide, among other things, that pesticide applicators or their employers must give at
least 48 hours pre-notification to occupants of all residential units prior to any routine
commercial application of pesticides for the control of indoor household or structural
indoor pests.
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY
USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED.
I. Rent Withholding(General Laws Chapter 239 Section SA).
If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do
this without being evicted if
A. You can prove that your dwelling unit or common areas contain 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 for 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).
This law sometimes allows you to use your rent money to make the repairs yourself. If your 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 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 Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239
Section 2A).
The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after
you have made the complaint he or she will have to show a good reason for the increase or eviction which is
unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this.
4. Rent Receivership (General Laws Chapter 111 Sections 127C-H).
The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into
court rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent
money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'
rent.
5. Search 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 net
meet minimum standards of habitability.
6. Unfair and Deceptive Practices (General Laws Chapter 93A)
Renting an apartment with code violations is a violation of the consumer protection act and regulations for
which you may sue an owner.
THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU
DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT
YOU CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES
OFFICE WHICH IS:
Western Mass Legal Services Tel: 413-781-7814
One Monarch Place, Suite 400 I Springfield, MA 01144