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113 #2 Complaint Date: 0.- ITime: a ;3 p Maap:��/ IParcel: Name of Complainant �c, /Co ;�nu�1.. �. ;46-43V23 Address; 113 R 1 54tis d#>�y Tel: gqa an�aii. . .. NATURE OF COMPLAINT: H.P.L. I and lold 541 c h.n. no no-Pica +hod .AJm wan 9 oin8-I-o Ita doin3 _Dorm wotJs- and. f'ka..--B umua. Lusta_.n...Rl`}bad_ Th-e. I Mc/had_h n ouaA.Jiii.s.has. a- c.han i e..e-0-nnmo i+14:14-3 and.d+'',LL aadnc f- ci i,w- n a+i u . Thu- 4nont,0+ri✓u,b.w '. bto eh,d. aind -Puns_ alas...paClam. ui U +ka kac4-in5 • Location:(/a'3 6d/4 • • 4"i)2% Owner: t. `/✓2. _!� i%l:. Address:ia fir /a 33 r e9< 15=f3.�/ Tel ; Vat . ar / � � �� DIGS 41 2a-aq A Taken by: I Date of Inspection: ime: \�'`p, INSPECTOR'S REPORT: "yin(—,j/'/_�1 tgat2Leci DiptIal PhthJ)Lei en Action Taken: t J BOARD OF HEALTH , • MEMBERS tOSEMARIE KARPARIS,R.N.,MPH,CHAIR XANTHI SCRIMGEAUR JAY REITMAN,M.D. STAFF Ernest J. Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Richard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01080 (41 S)587-1213 FAX(413)587-1221 January 3,2008 Jenny Miriam, Prop. Owner Michelle M. Camera,Tenant P.O. Box 833 (AND) 113 Market St. —Apt#3 Northampton, MA 01060 Northampton, MA 01060 RE: 113 Market St. — (complaint information and response) Dear Ms. Miriam and Ms Camera, Please be advised that I have received both of calls, Messages, and letters from both of you recently. In response to the complaints by Ms. Carrera, it is my opinion the both of these situations could have been avoided if there was prior communication between the both of you. Also that lack of communication and understanding on both parts contributed. The key tool for a good tenant landlord relationship is good communication and understanding between both. Therefore, my strongest recommendation is more and improved communication between the landlord and the tenants regarding work to be done and repairs needed to be done, as well as scheduling. The nature of the complaints do not appear to be housing code violations,but the tenants should have been informed of the visits prior building to perform work that would create noise or disturbance, as well as create odors, and what the purpose of the visits were for, at least 2-3 days prior, in writing, verbally via telephone, or by hand delivery. There is no enforcement action that can be taken against Ms. Miriam on these two complaints or incidences other than advise her and provide her with landlord information, housing laws, and communication with tenants to prevent future situations such as these. The Code refers to "Reasonable Notice"which is cut and pasted from the code; below: 110.810: Access for Repairs and Alterations 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 these minimum standards. PAGE 2 Since I am often out of the office on inspections please first call me on my cell phone at at 413-563-6680 or at the office on my direct line 413-587-1213. Either of you may call me if you with to discuss these complaints further with me. Ernest J. Mathieu, RS, MS, CHO Director of Public Health EMAIL: emathieu@northamptonma.nov MEMO .te: Thursday,January 03,2008 9:12 AM : Ernest Mathieu, Health Director >m: Jenny Miriam bject: 113 Market St. -Complaint Information Mr. Mathieu, tanks for following up with me on the phone today. I do appreciate your proactive approach to solving problems. All of tenants have my phone number which is 582-7022 and I routinely check that machine. They also have emergency repair mbers and notice if I am out of town. I also communicate with them necessary if they call with concerns. Thank you for rintaining those distinctions. ,garding Madelyn's complaints,I am upset that she alleged that I entered her apartment without notice. I ALWAYS notify rants before I arrive at their homes and have a long record both of providing such notice and of refusing offered repair tes because they do not allow for the same. In the case she cited I simply knocked on her inner kitchen door when she did rt respond to my knock on her outer door.I do not believe she can hear the outer door and even when visits are arranged I ually end up at the kitchen door. I believe Madelyne was upset simply because she did not expect me. >wever, the ONLY reason that I disturbed her was because I was locked out of her boyfriend's downstairs apartment in rich I had pre-arranged to do some repairs. As it turned out,Madelyne herself had locked me out while I was in the .sement getting a tool. If that had not occurred,I would not have bothered her. tgarding the use of toxic chemicals, Madelyne has told me on one occasion that she was bothered by a prolonged use of dyurethane on an outside porch and as a result I have delayed upkeep to her porch. The complaint she has sent you(which rave not seen)regarding a recent incident was a five minute usage of turpentine which I did not plan ahead of time nor did I ink such a short exposure OUTSIDE of HER apartment would be significant. I have only recently heard that it was and I .n be more careful about such situations. Us brings us to the issue of communication which we just discussed. I am in the process of writing to Madelyne, (as well to the household about their use of sand which you previously suggested). I have already written to Madelyne about her rmplaints about other repairs including her heating system. I will be happy to send you copies of those communications for rur records but I do express my hope that communication can be direct. There is certainly room for improvement here. lease be advised that I have been a landlady in Northampton for over 20 years,have always had good working relationships ith tenants, and no complaints filed with the Board of Health. 'erhaps this will provide you with some confidence that I always been responsive to my tenant's needs. I am sorry that you we become involved as a mediator. I recognize that your work is crucial to some and valuable to all but hope that together e can minimize your time spent on my issues. I am sending a letter to Madelyn in an effort and an attempt to improve rmmunication with her and to resolve her complaints with me. .Iso. if you could send me any information either at this email or to my P.O.Box 833 in Northampton that would be great. est. mny Miriam .0. Box 833 lorthampton,MA 01060 13-582-7022 Friday December 21. 2007 To: Ernest Mathieu. City of Northampton Dept. of blousing Board of Health Agent City l tall. 210 Main St. Northampton. MA 01060 Re: 113 Martket St. Apt. ar3. Northampton. MA 01061 Environmental Safety Violation Dear Mr. Mathieu. This letter is to document a violation of environmental safety against tenant Michelle M. Camera (as witnessed and also experienced by neighbors in apt. #2) by landlady Jenny Miriam. On December 20. 2007. at approximately 1 pm. I entered my apartment to discover it was full of toxic turpentine fumes. The levels were not safe for anyone, giving my friend a severe headache within minutes. and much more severe for me,as I suffer from Multiple Chemical Sensitivity (MCS). My Landlady is aware of my condition and yet made no attempts to seal my apartment doors form the stairwell where she was working. The windows and doors were not open. leaving a working space completely unventilated. The toxic gasses rose to my apartment most severely.and I hear my neighbors were also forced to leave their apartment. Jenny Miriam's co-worker even commented on how "high' they were from the fumes. making it completely clear that they knew the conditions they were creating. Jenny Miriam had given no prior notice that this work would be done. She did not give us a chance to plan before being forced to vacate our homes. I was giving no warning before I walked into my fume-filled home to become highly health compromised instantly by the toxic fumes. I nearby passed out and had to have a friend ventelate the apartment and carry me out of the building as my nervous system was in shock, and I was convulsing. The Landlady failed to make any of the regulated notices to alert and prepare us. nor environmental damage control attempts in order to keep me.the tenant, safe. I left a message with your office on the day of the event. and have not yet heard from you. Please let me know what I can do to ensure this violation does not happen again. Thank you fprvo r at entio . f -Michelle NI tam era( ICS A)vw ASi , d' t kIVA1.t.,p+1" s16;2] - ;770 Ott)(o0 I ,I LS C E D V LS 11 DEC 3 1 2007 l th NORTHAMPTON BOARD OF HEALTH L 1 ', , h; Q fi Friday,December 28, 2007 To: Ernest MathaM4 City of Northampton Dept. of Housing / �c,F 1-4r \r‘ CC: Jenny Miriam. Landlady of 113 market St. #3 Northampton, MA This letter is to document a violation of renters privacy against tenant Michelle M. Camera by landlady Jenny Miriam. and to request help to protect against further rights violations. Today. Friday, December 28, 2007, at approximately 12:30 pm, I heard Jenny Miriam knocking on my kitchen door and calling my name from inside my apartment. She had entered through my back door, apparently because I hadn't heard her knocking. I was not expecting her nor anyone else to visit. (My closest friends do not even enter my home without calling or being invited in.) She had not phoned nor given any prior notice as to her visit. She called my name, and knowing she was already in my home I was forced to respond. She was not there to attend to my apartment; there was no emergency, nor had she made any prior attempt to contact me. She simply wanted to know if I had a key to my friend/neighbors apartment where she had been working and been locked out. While this might be ok behavior from a very close friend, it is certainly not ok from a landlady who had already been asked to respect my privacy boundaries! Due to her past disturbing unprofessional behaviors. I have tried to express numerous times in person. on the phone and in writing that I suffer from Post Traumatic Stress Syndrome (PTSD.) This event of her entering my apartment without warning nor invite not only further and significantly aggravates my PTSD, but is also an illegal offense of breaking and entering. I have tried to be cordial during my past 2 years as a tenant here, to work with her to on our relationship so as to not have to invoke the authorities; but I feel my rights continue to be violated in various ways no matter how I try to respond. My basic repairs of my apartment have not been attended to for many months,(such as my faulty heating system!), and yet she is frequently crossing my personal space and now literally entering my home. I filed a report last week for her filling my apartment with toxic fumes of turpentine without notice, forcing me and my neighbor to vacate our homes for the day. 1 am still waiting to hear the results of this last complaint. I pay full rent each month with a lease agreement yet I have not been able to have reasonable privacy and control over my home and environment. My mental and physical health is significantly being compromised. All I ask is for the basic tenant rights of privacy to be respected completely and consistently, and for my disability rights to be respected within the scope of the law. Regulations exist to allow renters to have reasonable privacy and control over their home and environment. Please can you inform me how I might be able to achieve this with the least bit of hassle and intervention necessary? Michelle M Camer Thank you, /� �j `//l , Renter. 113 Market St. Northampton. MA 01060 413-563-8770 DEC 3 1 2007 NORTHAMPTON BOARD OF HEALTH 0 3s ers 58 MARKET ST . Complaint Detail Report Printed On:Sat Jan 12,2008 Complaint#: CT-2008-000084 'Status: closed GIS#: 6432 'iViolator: Address: !/3 4AARKET ST 'Map: 132A Address: 'Date Recvd.: Dec-20-2008 Time Recvd.: 102:49 PM Block: 909 Category: Housing 'Lot: 001 Type: GeoTMS Module: 'Board of Health District:BB Trade: Recorded By: Ernie Mathieu Zoning: URC Structure:Conventional Description:Apartment 2 • Complaint: I f I entry Comments: Tenant complained about 2 incidences of which landlord entered the building to perform repair k without nitification. the repair work was done on one occasion in the hallway and the second in apartment I. One situation created an odor and the other a noise Landlord was notified by BOH to give proper nothicaltion in the future. Landlord did not feel that notice was required b/c work was not done in complaintants apt. Letter sent to landlord and tenant to improve communication between both parties and owner will notify all parties in the future prior to performing any work. Callers Date Time Name Phone Best Time To Reach Recorded By Response Dec-20-2008 2:49 PM Michelle Camera (413)563-8770(1 Ernie Mathieu Actions Taken GvtMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL. Page I of I July 25, 2008 Jenny Miriam, Landlady P. O. Box 833 Northampton,MA 01061 Cc: Ernest Mathieu, Director Board of Health Office 212 Main Street Northampton,MA. 01060 Re: Landlady/Tenant Rights & Responsibilities 113 Market Street#2 Northampton, MA 01060 There seems to be a general disparity between our understandings of the landlady/tenant relationship (i.e.,the responsibilities of each party).Numerous disagreements have come up over the past year regarding the maintenance(and the timeliness of the maintenance) of the outside and the inside property, your unannounced visits to the property and, now, the storage of your personal belongings in the occupants' "common space"—the front porch (which provides an entrance to all three occupant apartments). When I called you about the storage of your personal belongings on the property (for a number of days prior to a tag sale that you are holding on the property), in the occupants' "common space,"you told me that it is "your property." I was shocked that you thought you had this right just because you own the property. I think this (i.e., the idea that you believe this is"your property" and that, in some ways, gives you the right to,ultimately, do what you want with it) is very insightful and explains why we seem to view landlady/tenant rights and responsibilities in a very different manner. I spoke with a lawyer regarding storing your personal belongings on the property and he said you have absolutely no right to use the property as you see fit(and in this case,to store your personal belongings on the porch)just because you own it. As is basic in every landlord-tenant rental agreement, a"lease"/"rental agreement"between a"landlord/landlady" and a"tenant" gives the tenant exclusive rights over the property. You maintain that it is"your property." Of course, in a sense you are right. However, once you(the landlady) sign a lease, you give up your"possessory rights" [this is the legal term] (i.e., you no longer possess the property for the specified length of the lease) and those rights are transferred to the tenant. The only exception is that you(the landlady) are responsible for repairs and maintenance and anything specified in the lease. This is not legal maneuvering: this is the basic,basic agreement that is made when someone rents a property (or even leases a car,for example). The point is, is that you do not have any right to use the property, or even be on the property (for that matter), unless it is specified in the lease.In terms of the matter at hand regarding the storage of your personal belongings on the property, the claim that it is your property would not be valid under our rental agreement, which specifies no such right of the landlady. Furthermore,the tag sale, which you claim to have a right to hold,may be in the other tenants' leases(though I do not know), but it is not stated in any way, shape or form in our lease. (Therefore, technically, you should not be allowed to hold a tag sale without our consent, as you gave up your possessory rights to the property with the lease.) I really do not care about the tag sale. You can have your tag sale. But our house, our home, where we come home to every day to live, eat and sleep should feel like ours: not like a place where our landlady can come and go as she pleases or use as a space for storage. I am not looking for any kind of trouble. This is an old house;there are a million things that I would love to be repaired(that I am sure are in violation of numerous housing codes). I am not asking for that at all. I am not asking for anything besides the most basic rights a tenant should receive I pay rent on time. I am respectful to the neighbors. I keep up the apartment. I have fulfilled my end of the lease. The requirements of the landlady need to be met, however. Repairs need to be done in a timely manner(i.e., repairs should generally be done within days, not weeks and months and some requested repairs have still never been made) and cannot be brushed aside with the excuse that "[you] are too busy."During the winter, especially,the outside needs to be maintained(plowed in a timely manner, regularly salted and/or sanded, if necessary, etc.). And you should give at least 24 hours notice in all cases if you are coming on the property, except in the case of an emergency. I always appreciate the fact that you are friendly and treat us more like neighbors than as tenants. It is not a cold landlady-tenant relationship. However, you are our landlady and you have a contract that I wish you would hold up. Sincerely, - t Michael Bennet (860) 966-0398