35 Complaint 1998 BOARD OF HEALT
CITY HALL
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NATURE OF COMPLAINT: OLREX
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BOARD OF HEALTH
MEMBERS
JOHN T.JOYCE,Chairman
ANNE BORES,M.D.
CYNTHIA DOURMASHKIN,R.N.
PETER J.McERLAIN,Health Agent
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
210 MAIN STREET
01060
(413)587-1214
I ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE I
"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT:
35 Columbus Avenue, 1st Floor Apt., Northampton, MA 01060
DATE: February 9, 1998
ORDER ADDRESSED TO: Shelley Rotner
COPY Northampton,Columbus Avenue, 2nd Floor Apt.
Northamptonn, MA 01060
COPIES OF REPORT TO: Lisa Hahn
35 Columbus Avenue, 1st Floor Apt.
Northampton, MA 01060
This is an important legal document. It may effect your rights You may
obtain a translation of this form at:
Isto � 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 effecter vos
droits. Vous pouvez obtenir une traduction de cette forme a:
Questo a 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 tradcci6n de esta forma en:
To jest wazne legalny dokument. To moze miec wplyw na twoje
uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie:
NORTHAMPTON BOARD OF HEALTH
City Hall, 210 Main Street
Northampton, MA 01060
Tel #: (413) 587- 1214
The Northampton Board of Health has inspected the premises at
35 Columbus Avenue, Northampton, MA (assessor's map 38B parcel 146 .),
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 to endanger or materially impair the
health, safety, and well-being of the occupants
Under authority of Chapter III, Section 127 of the Massachusetts General
Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to
make a good faith effort to correct the following violations
within FOURTEEN DAYS of the receipt of this order.
2EGULATION
110.253
110.354
410.482 and
City
Ordinances
410.503
VIOLATION
No exterior light fixture to provide safe
passage and usage of the back
exterior porch and steps when dark.
Crossover wiring between upstairs
and downstairs apartments, in
violation of code. Downstairs tenant
pays for the cellar lights and the front
exterior porch light, which are
presently illegally wired to her
electrical circuit box.
No smoke detectors provided for
entryway and lm floor apartment, as
required
REMEDY
Install an approved light fixture for the
back exterior porch and steps.
Contract with a licensed electrician to
eliminate all illegal crossover wiring
between both apartmens. The only
way to avoid altering the wiring is for
the landlord to assume payment of all
electrical charges to this dwelling.
*See attached copy of this regulation.
Install approved smoke detectors in
compliance with City Fire Ordinances.
Contact fire department for
information.
Back exterior porch steps lack a
handrail, as required.
Install an approved handrail for the
back exterior porch steps.
Inspection of the premises was made on February 9, 1998 at approximately
11:30 am.
NOTE: If the present tenant vacates the premises prior to correction of the
violations noted above, you shall not re-let this dwelling until until all
violations have been corrected to the satisfaction of the Board of Health.
If you have any questions regarding this abatement order contact the Board
of Health office.
Very truly yours
David E. Kochan
Sanitary Inspector
Northampton Board of Health
This inspection report is signed and certified under the pains and penalties
of perjury.
CERTIFIED MAIL# P 082 852 895
RE-TNSPECPON 3 -7919-'00 am}
/ALL l p/m i&NS /I69fP!
17
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
nor more than five person hundred criminal
for each day's failure toc comply
with this order.
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES
TENANTS MAY USE TO GET HOUSING CODE VIOLATIONS CORRECTED:
I. RENT WITHHOLDING(GENERAL LAWS,CHAPTER 239,SECTION 8A)
U Code Violations are not being corrected you may be 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 violation 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 rent.
B. You did not cause the violations and they can be repaired while you continue to live in
the building or apartment.
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 rent money aside in a site place.)
2. REPAIR AND DEDUCT(GENERAL LAWS CHAPTER 111,SECTION 12TL)
The 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 seriously 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. H 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 fourteen days after the notice you can use up to four
months' rent in any one year to make the repairs.
3. RETALIATORY RENT INCREASES OR EVICTIONS 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 the local
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 H he or she tried this.
4. RENT RECEIVERSHIP(GENERAL LAWS CHAPTER 111,SECTIONS C-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 appoint a"receiver"who may spend as much of the rent
money as is needed to correct the violation(s). The receiver is not subject to a spending limitation of four months'
rent.
5. BREACH OF WARRANTY OR HABITABILITY
You may be entitled to sue your landlord to have a8 or some of your rent returned if your dwelling unit does
not meet minimum standards of human habitability.
6. UNFAIR AND DECEPTIVE PRACTICES(GENERAL LAWS CHAPTER 93A)
Renting an apartment with code violations is a violation of the Consumer Protection Regulations for which
you may sue an owner.
THE INFORMATION PRESENTED ABOVE IS JUST A SUMMARY OF THE LAW
BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE OTHER LEGAL
ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT
AFFORD AT ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES
OFFICE WHICH IS:
WESTERN MASSACHUSETTS LEGAL SERVICES 584 - 4034
20 HAMPTON AVENUE. SUITE 100. NORTHAMPTON, MA 01060
BOARD OF HEALTH
MEMBERS
JOHN T.JOYCE,Chairman
ANNE BURES,M.D.
CYNTHIA DOURMASHKIN,R.N.
PETER J.McERLAIN,Health Agent
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
210 MAIN STREET
01060
(413)587-1214
COPY OF ABATEMENT ORDER
CERTIFIED MAIL ORDER # P 082 852 895 AND DATED
February 9, 1998
POSTED AT
35 Columbus Avenue
NORTHAMPTON . MA 01060
ON
February 26, 1998
TIME• 2 4rsvn
BY
DAVID E. KOCHAN
SANITARY INSPECTOR
NORTHAMPTON »OARD OF HEALTH