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APT 213 Compalints 2009-2011 BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.D.Chair SUZANNE SMITH,M.D. DONNA C.SALLOOM STAFF Xanthi M.Scrimgeour,MHED.,CHES Director of Public Health Patricia Abbott,R.N.,Public Health Nurse Aimee Petrosky,Health Inspector Madeline Heon,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 (413)567-1215 FAX(413)587-1221 I ORDER STANDARDS VIOLATIONS STATE SANITARY M "MINIMUM FOR HUMAN HABITATION" AT: 81 Conz Street No hap on a. This is an important legal document. It may affect your rights You may obtain a translation of this form at: 212 Main Street, Northampton Massachusetts. Isto a urn documento legal muito importante que podere afectar os seus direitos. Podem adquirir uma tradtao deste documento de: 212 Main Street, Northampton Massachusetts. Le suivante est un important document legal. II pourrait effecter vos droits. Vous pouvez obtenir une traduction de cette forme e: 212 Main Street, Northampton Massachusetts. Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Main Street, Northampton Massachusetts. Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: 212 Main Street, Northampton Massachusetts. To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main Street, Northampton Massachusetts. NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel#: (413) 587-1214 May 5, 2009 Northampton Housing Authority Ste 1 49 Old South St Northampton, MA 01060 Re: 81 Conz St unit 213 In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. An Inspection was conducted by Aimee Petrosky at 351 Pleasant Street, Unit 7, Northampton Massachusetts a property managed by you, on May 5, 2009. The Following Violations were noted: Code Number 410.150 (D) 410.351 (B) 410.500 410.501 410.501 Violation Caulking around the tub is moldy and un cleanable. Seal for refrigerator broken Cracks in the wall/ceiling of living room. Evidence of water damage in bedroom. Water stains due to water leaks on the wall in bedroom Date of Correction May 14'°, 2009 May l4 , 2009 May 14`", 2009 May 14'", 2009 May 14t', 2009 Comments Remove caulk and replace Replace broken seal Scrape paint,treat for any possible mold, seal cracks, and paint. Scrape paint, treat for mold, let area dry, paint. repaint The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. A re-inspection will be taking place on or around May 14, 2009. If you would like to be present at this inspection please feel free to contact me at the Board of Health and we can find a time that is mutually agreeable. Failure to comply with any order issued pursuant to more than provisions $500 of h day's failurre to comply shall constitute eseparatetv less iolations. $10 or Please be advised that if you are aggrieved with this order you have the right to request a hearing. You must submit a written petition requesting a hearing within seven(7)days from the day the order was served Sincerely, / This inspection report is signed and certified under the pains and penalties of perjury Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 CC: Deborah Horton Date: y'\Z\l p� !Time: IMap: Parcel: Name of Complainant: -� _ y�l Address: Tel: �jlfio NATURE OF COMPLAINT 4e "„■src\- ON- Location: Owne Address: Tel: Taken by: I Date of Inspection: Time: .1'5 INSPECTOR'S REPORT: ' �i Sent 9uJGJ (iONniae. M[b l< : 5/Z DAviD win C4ttt M AC of rXll as O�vy t,�4}� S.-Win Vole mold in p-c a1-3 J ech,on or 514 a n'.To builla hoIoNItdMSM Action Taken: (pi e9 a4 c, VM1 �acnk o+tC fite Inspector Signature. O BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.D.Chair SUZANNE SMITH,M.D. DONNA C.SALLOOM STAFF :anthi M.Scrimgeour,MHED.,CHES Director of Public Health ricia Abbott,R.N.,Public Health Nurse Aimee Petrosky,Health Inspector Madeline Heon,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 late of Inspection: MAI 51 ?An ,ocation:`isl Con+v S4 ,ocation 3athroom )ne electric light fixture Made of nonporous/ absorbent, easily cleanable naterial and not cracked Ventilation by means of vindow (4%of floor area) 1r Mechanical Kitchen Provide space to store, prepare and serve in a sanitary manner One electric light fixture and two wall outlets Non-absorbent free from cracks walls and floor OFFICE OF THE BOARD OF HEALTH Housing Inspection Report Code 410.252 410.150 (D) and 410.504 410.258 410.100 410.251 Owner tJ H 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1215 FAX(413)587-1221 Occupant: "Dzbnrb.bc Obeid y/N Notes 410.504 Electrical Two wall outlets or one outlet and one overhead light in every room No temporary wiring 410.250 410.255 Maintenance Safe Condition 410.452 Coke Detectors and rbon Dioxide uctural Integrity 410.482 410.500 atertight Elements ee of insects and )dents 410.500 Y 410.550 ig_ Crates i Ca..;1c.ten u a krdo+�`� fl" luipment :teens for windows 410.551 :reens for all doors ading directly outside 410.552 eat and Hot Water :ot water available and etween temps of 110- 30 degrees. [eating units in all rooms nd source of heat in pod repair. 410.190 Aisc ✓Iinimum Square 'ootage: 150,80 or 70 iquare feet itorage and Disposal of ;arbage Jther Notes: 410.200 410.400 410.600 &410.601 x Tats Cal Din r-Yount 1uo ;n 13Atla+txsw■ - t e pc t Yn'o(71 ks s '.V'etrosky Health Inspector 413-587-1217 fp perjury This inspection report is signed and certified under the pains and penalties o e . ti. h Aimee Petrosky Housing Inspector 212 Main Street Northampton,MA 01060 November 18,2009 Dear Aimee, All information being requested is for time period April 29,2009 to the present for Debra Horton. I am requesting all written complaints from myself that you have in your file. I am requesting all written responses you sent to Northampton Housing Authority. I am requesting all verbal complaints and the dates. I am requesting all verbal responses with the dates of response that you made to Northampton Housing Authority. Regards, 1 r,l�l.i Li Debra L.Horton Walter Salvo#213 All mail should be sent to: Debra L.Horton PO Box 126 Northampton,MA 01061-0126 >m: Aimee Petrosky [mailto:apetrosky @northamptonma.gov] nt:Thursday,July 02, 2009 9:46 AM : David inject: follow up David I just wanted to follow up with you about a few things. Salvo Unit 45-What's the time frame on the follow up for Apartment 45. I am sure you guys are busy but if you and I :uld schedule an inspection to address this sooner rather than later I would appreciate it. D. Horton- Concerned about mold in the walls, If you do not have access to a moisture meter let me know and I will :t one and we can go and do another inspection. Pot hole at Hampshire Heights? We talked about this briefly and I just wanted to follow up. It's something that has =en brought to our attention by many people. tanks David, ave a Great Holiday weekend, imee .imee Petrosky lealth Inspector ity Of Northampton 'hone:413-587-1214 ax:413-587-1221 2 Pawicskcaliist4engetlii sames mee Petrosky gym: Aimee Petrosky nt: Monday, July 06, 2009 1:58 PM David' Meet: RE: follow up Lnn n n'b.d.A Co< -TA-1 o,. \2.z101 )pe you had a good vacation, bummer about all the rain. I called IMININI and my clerk wrote down the wrong apartment it is unit number and it is the neighbor who is !ling me saying the flaligiailinalielle regards to Deborah Horton I will try to get a moisture meter from the state and we can schedule and inspection. OAT'S AWESOME NEWS about the pot holes. Thank you so much for getting to it so quickly. :ts be in touch. imee imee Petrosky ealth Inspector ity Of Northampton hone:413-587-1214 ax:413-587-1221 :rom: David [mailto:dadamson @hamphousing.org] lent: Monday, July 06, 2009 12:27 PM ro: Aimee Petrosky iubject: RE: follow up Hi Aimee, Sony I did not respond sooner, however I was on vacation last week. I hope you had a nice holiday over the past weekend. I don't know what you are talking about regarding Salvo Unit 15. A1'e do not have a Unit 45 at Salvo, we do have an apartment over at Cahill Apts that is an I'nit 15. So it you could give the some clarification on this matter, it would be appreciated. D. Horton, Salvo 213, I cannot find my moisture meter right now, however when ever you would like to go to apartment& do another inspection just let me know. FYI, the tenant over D. Horton removed his old AC & purchased a new one which has been installed. Hampshire Heights potholes have been filled & blacktopped. David Adamson Maintenance Director Northampton Housing Authority FORM494 A1BwEA WIIN OFFCERS Rc uRN CWESTECUM REVISED c�ffe Tottut untutaffff of ffittssttcffuseffs Hampshire SS. Aimee Petrosky XOBBS&WARREN,INC.PUBLISHERS BOSTON.MASS. Northampton Board of Health City Hall, Northampton,..MA greeting. Van are ijtrehg Lnmlritaniieh, in the name of The Commonwealth of Massachusetts, to appear before the Housing Court Western Division Northampton holden at District Court within and for the county of Hampshire on the 20th L.i . f .2009 at 9:00 am JckWiekk,drxebg noon, and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence of what you know relating to an action of then and there to be heard and tried between Debra Horton Plaintiff , and NorthmaPOtn.Housing Authority Defendant and in � Courtroom Ills Housin g Court,Western Divisio Court, Docket Number....09..CV 1205 you are further required to bring with you any and all records pertaining to 81 Conz St. , 8213, NOrihampton,..MA 3flerenf fall nut, as you will answer your default under the penalties in the law in that behalf made and provided. y) Bath at 14th day of July 2009theLx XXXgliegiC VjxX Notary Public—Junk(of the Peace Subpoena issued at the request of.: Thomas M. O'Connor, Esq / _.Counsel..for.Plaintiff (name of party/attorney) (attorney for) 49 Old Soutgh St., (street address) Nor[hmapton,.,MA_01060_..(413)..534.0907 (airy/town,state,zip code) (telephone number) BOARD OF HEALTH MEMBERS IAY FLEITMAN,M.D.,ACTING CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM DIRECTOR OF PUBLIC HEALTH (ANTHI SCRIMGEOUR,MH Ed,CHES, (413)587-1214 FAX(413)587-1221 July 16, 2009 Deborah Horton Walter Salvo House 81 Conz Street Unit 213 Northampton Ma, 01060 fiLt C�. CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 Dear Deborah, In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. An Inspection was conducted at Walter Salvo House unit 213, a property occupied by you, by Aimee Petrosky on July 14, 2009. The complaint lodged was that there was mold and moisture in and on your walls because of a faulty air conditioner of your upstairs abutting neighbor. This is a similar complaint which I inspected for on May 5, 2009. Based on the May 5'2009 inspection the Northampton Housing Authority was placed under an order by my office to correct violations relating to MGL 105 CMR 410.000. On May 19, 2009 I conducted a re-inspection of your unit which revealed all violations had been corrected in the allotted time frame. A compliance letter was sent to NHA on May 21, 2009. During the July 14, 2009 inspection I used a moisture meter to determine if there was moisture in your walls that I could not determine from site or touch. There was no evidence of moisture present based on the moisture meter. If you have any further questions regarding this matter please feel free to contact me. Sincerely, Aimee Petrosky This inspection report is signed and certified under the pains and penalties of perjury Aimee Petrosky Health Inspector 212 Main St Northampton Ma,01060 413-587-1214 CC: Northampton Housing Authority BOARD OF HEALTH MEMBERS JAY FLERMAN,M.D. SUZANNE SMITH,M.D. DONNA C.SALLOOM KANTHI SCRIMGEOUR,MHEd,CHES, DIRECTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN SWEET NORTHAMPTON,MA 01060 REQUEST FOR PERMISSION TO VIEW RECORDS OR HAVE COPIES OF DOCUMENTS MADE *PLEASE KEEP THESE DOCUMENTS IN CHRONOLOGICAL ORDER* DATE: 7)(2-Ih—O% FILE ADDRESS: � Type of information requested d ( CIA-42,-a-- NAME: i1�e6 v-4— L . T ' aL ADDRESS: 8� 00777 Si" PHONE #: J//3 3 7)4 UNDER MASS GENERAL LAWS WE HAVE THE RIGHT TO MEET THE ABOVE REQUEST WITHIN TEN (10) DAYS OF THE ABOVE LISTED DATE. BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date: 7tsloci I Time: • Map: Parcel: Name of Complainant: Vebrnro M FInrl-wi Address- g ^ c� S} apt 21 3 l.o Tely13 -33r- N->xkte NATURE OF COMPLAINT: 335- 1E-9-(a0 tsc — ro-G■0+1 in LS,U-- _ C0 A CAI,,,dl Location: Owner: Address Tel: Taken by: I Date of Inspection: Time: INSPECTOR'S REPORT: f Cslkd bnuv4 On -m t- Email<d t'AJi4 an 7ia r trsprcrrm a^ 7iiy - no IMola tk ObSefatOk • ltskd ynul-I-pit V AI (01 utol'S%rrt Wt e)U - in Mo■6i• ri Spo4s OR 11-4 o a o !IN Ta,en Check Box aYES Qrcltnrc5 Action Taken: ?rbJ:A4cl The bcrc,-.' Chits oC- kV' A-Ps1(4in oc Fe.( xr l- on orrn ,nspccRD� P‘ /1 Inspector Signature O ea Address: BI Cosy 5i'. G.p+. bl3 113- T.1:335-12.1.0 f Location: 81 C Owner: d- Address: J NATURE OF COMPLAINT: 5IIaL, ha.., opo a.a.+o +ka. -Pondlmd amd.thej ana.. n.+ eclei soin8 +ks.probLmi.. Skt hn.e. Wa.-hi. tern i.' on 3/4 ha... apt ..fn en. 4'ha. aw-eandh+inu.., in. +k,. op+. above fun.. Thu-won. conµ+, Wa#...*-. im L. +h. wa.0 amd. I.+ of nn.ld. S ks Lo.d We> D.e tv RA.x tha. _amu s 5}. OQ+. a13 !. 1l Taken by: I Date of Inspection: a }, �INS��22,1 SREp,ii Tbarv.-.A- gm \, t� as A iktrt �I131 <S 3ti c-° ,� loo . sir csar-ca Action Taken: tligilal dlioIek tilLnN Inspector Signature. Dater Name o Address' Time: I Map: omp al inant: C1e 5410. op - 213 (Ca,Zs Parcel: Tel NATURE OF COMPLAINT: // / o,.yer.�. Crenbersal. S ,,; 'l". `kb go_ ow" ll 1 S-wwne.r ANotoiks 14 '(. 6n-1 rcgw/ Location: Owner: Address: Taken by: Tel: Date of Inspection: , INSPCr% 67 3110 RT: bb'' Time: i bip'LI NIL IH tL l f i1 Irian Action Taken: Inspector Signature. ARGEO PAUL CELIUCCI Governor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 614-292-5500 BOB DURAND Secretary LAUREN A.LISS Commissioner POLICY CONCERNING NON-FRIABLE ASBESTOS-CONTAINING MATERIALS Bureau of Waste Prevention Policy#BWP-96-012 (original version signed) Carl Dierker,Assistant Commissioner (original version dated 4/8/1996) Date DEPARTMENT POLICY: The Department of Environmental Protection's(DEP)Asbestos Regulation, 310 CMR 7.00,7.09, and 7.15,protects the public health by preventing the release of asbestos emissions to the ambient air. The regulation specifies notification,handling, removal and disposal requirements for all asbestos- containing materials which contain one percent or greater asbestos by weight,both friable and non- friable(note: if asbestos-containing materials are not removed and containerized in accordance with 310 CMR 7.15,the material is subject to 310 CMR 40,the Massachusetts Contingency Plan). Non- friable asbestos-containing materials are included in the regulation because if these materials have deteriorated,are broken and/or mishandled, asbestos emissions may be released to the ambient air. Certain asbestos-containing products,which are discussed in this policy,do not pose a significant public health threat because asbestos fibers are not released to the ambient air if these products are handled properly during removal, repair or disposal. Therefore,this policy designates specific requirements for the handling,removal and disposal of certain asbestos-containing products including vinyl asbestos tile(VAT)and asphalt based roof=and siding products. Notification to the DEP for the renovation/demolition of VAT and asphalt based roofing and siding products is not required if the all the conditions and guidelines in this policy are strictly observed and followed. INs information is available in alternate format by calling our ADA CooMfnGOr at(617)574-6872. DEP on the W Mid Wide Web: hnp'.Uwwwstate.ma us/dep 0 Printed on Recycled Paper Policy Concerning Non-Friable Asbestos-Containing Materials Policy#BWP-96-012 Issued April 1,1996 If all the conditions and guidelines in this policy are strictly observed and followed, VAT and asphalt based roofing and siding products may be disposed of in a landfill permitted by the DEP to accept solid waste and, in accordance with the Solid Waste Management Facility Regulations,310 CMR 19.061(6)(b)3., "Requirements for Certain Classes of Asbestos Wastes,'the landfill does not have to obtain a permit to accept special waste. If the VAT and asphalt based roofing and siding products are in a deteriorated state and/or not handled in accordance with this policy or if the DEP has determined that asbestos fibers may be released during handling, removal or disposal,then the materials must be disposed of in a landfill that has obtained a special waste permit to accept asbestos wastes,in accordance with 310 CMR 19.061, "Special Waste." Handling and Disposal Guidelines for Vinyl Asbestos Tile and Asphalt Based Roofing and Siding Material: 1. The material must not be broken,sanded, sawed, ground or drilled. 2. The material must not be compacted or incinerated. 3. The material must be disposed of in a DEP permitted solid waste landfill. 4. Any demolition involving these materials must comply with 310 CMR 7.09(3)and(4) (Dust, Odor,Construction,Demolition). 5. If the material is in a deteriorated state prior to commencing demolitiodrenovation operations, then 310 CMR 7.15 asbestos controls shall be complied with including notification to DEP. 6. If the material is in a deteriorated state and/or not handled in accordance with this policy,then the material must be disposed of in a landfill that has obtained a special waste permit to accept asbestos wastes,in accordance with 310 CMR 19.061, "Special Waste." Vinyl Asbestos Tile(VAT): 1. Remove VAT from buildings prior to demolition operations. The contractor shall contact the Massachusetts Department of Labor and Industries to determine if a licensed abatement contractor,trained personnel and air testing are required. 2. Prior to the commencement of removal operations,the building owner,removal contractor and consultant shall assess the condition of the VAT to determine Sit can be removed intact and in accordance with the Handling and Disposal Guidelines. 3. If at any time during the removal operation the VAT begins to break, indicating that handling guidelines are not or cannot be followed,then all work must stop. DEP must be notified and the removal operation and disposal of the material shall be conducted according to 310 CMR 7.15, asbestos regulations. 4 If the material is in a deteriorated state,DEP must be notified and the removal operation and disposal of the material shall be conducted according to the requirements of 310 CMR 7.15. Page 2 of 3 Policy Concerning Non-Friable Asbestos-Containing Materials Policy#BWP-96-012 Issued April 1, 1996 5. Linoleum and sheet flooring are not considered VAT and are subject to the requirements of 310 CMR 7.15. Asphalt Based Material: 1. This group of products consists of asphalt asbestos-containing material such as roofing felts, roofing shingles, asphalt siding products and other asphalt paper products. (Note: All other asbestos-containing roofing shingles and siding products such as those containing a cementitious binding characterized as being hard and brittle are subject to 310 CMR 7.15 which requires notification and work practices) 2. Sawing this material into pieces for ease of handling is not considered proper handling. Some alternate cutting method must be used. 3. If the material is in a dry, friable, deteriorated state,DEP must be notified and the demolition/renovation operation and disposal of the material shall be conducted according to the requirements of 310 CMR 7.15. Page 3 of 3 NORTHAMPTON HOUSING AUTHORITY 49 OLD SOUTH STREET NORTHAMPTON,MA 01060 413-584-4030 FAX 582-1350 TDD 800-545-1833 ext. 188 mail@hamphousing.org Jon Hite Executive Director Equal Housing Opportunity ity May 12,2010 Debra Horton P.O.Box 126 Northampton,MA 01061-126 Re: Response to Letter Dated May 17,2010 Dear Ms. Horton: I am in receipt of yet another letter from you,this one dated May 17,2010, in which you request information relating to any asbestos in your apartment. Before I respond to that inquiry,let me deal with your request to have your ceiling painted. As you know,today,Jon Hite,Michelle Moriarty,and myself stopped by to look at your ceiling. It is not damaged at all. In fact,you indicated that the ceiling had no damage in your May 17th letter. Based on that, it will not be repainted. The NHA does not have the manpower to repaint portions of apartments for no other reason than aesthetics. Your statement that it was not painted when you moved in is true. However, a review of your file shows that you asked to take the apartment"as is"because of your sensitivity to fumes from organic compounds, such as paints and other chemical cleaning products,and your desire not to have them used in an apartment that you would soon occupy. It is not a stretch therefore,to understand that a section of a ceiling painted in 2010 would be a slightly different shade of the paint color"ceiling white",than would another section of the ceiling painted in"ceiling white"ten years ago. In fact,you demonstrated for us that in order to see the subtle different shades of"ceiling white"you needed to shine a lamp on it. Additionally,I direct your attention to the Agreement we entered into that ended your lawsuit against the NIIA. In it you agreed that all allegations in the Complaint would be dismissed. The ceiling was clearly part of that action. In fact,it was part of the May 5, 2009 Board of Health(BOH)Order,for which a Notice of Compliance was issued May 21,2009. At your insistence,the BOH re-inspected your apartment on July 16,2009. That inspection did not reveal any new violations. The ceilings,this time the bathroom ceilings, were an issue again when the Court inspected your apartment on August 4,2009. This work was done, and when the Court re-inspected your apartment on March 10,2010, the ceilings were not mentioned. The inescapable conclusion is that the ceilings, in the bedroom,the living room,and the bathroom,were part of the lawsuit. The same is true for the tiles. The Court inspections, one dated March 10, 2010,and the other dated August 4, 2009,both address the tiles in your bedroom. The repairs were done. Now that the lawsuit is over—the lawsuit that dealt with the ceilings and tiles,and many other issues—the NIIA will not spend any more time or effort on ceilings,tiles,faucets, refrigerators,or any other matter that was the subject matter of that lawsuit. A dismissal is exactly that,a dismissal. You have lost sight of that. Our Agreement for Dismissal was dated April 26,2010. Two weeks later(May 11,2009),you start anew with the ceilings,and a week after that(May 17,2009),you have added on to the tiles. Enough is enough. If there are NEW legitimate maintenance matters that need to be addressed,please direct your requests to the maintenance department, in the same manner that all other tenants do. There is no need to"cc"me or Mr.Hite. The maintenance department will contact me regarding your request, and if the matter for which you request maintenance services for is something that was part of your lawsuit,like the ceilings or the tiles,I will send a one sentence form letter back to you that reads as follows: "See Court Dismissal." Neither I, nor Mr. Hite will spend any more time on this matter. Now,let me address your inquiry relating to asbestos in your apartment. You certainly are entitled to know this information. I have spoken with Mr.Hite about this. He informs me that to the best of his knowledge,there is no asbestos in your apartment. This includes the various items listed in your letter. Sincere Thimas O'Connor cc: Ben Wood,Director Northampton Board of Health Attorney Thomas O'Connor 49 Old South Street Northampton,MA 01060 May 21,2010 Dear Attorney, I am responding to your letter dated May 12 regarding the day you came here May 18th.I have no issue with how many letters you send.I am sorry you have an issue with me writing to you. I need to clarify that asking to have the full ceilings painted was never part of the law suit.If you want to go back after this was dismissed,and it appears by your letter that you do,then you will find it was only the "repair"of the ceilings that I was denied that was part of the lawsuit.Also,you didn't paint anything except for the old water stains that you scraped off and the bathroom required full scraping and painting. Based on your letter, it has been 10 years now without new paint on the full ceilings,bedroom&living area. I was told by David Adamson when I moved in 2003,that painting could be requested after I lived here 5 years. This is why I thought it was okay to request.I just wanted it cleaner because of my health. That's not aesthetics. I have reviewed my copy of the agreement to settle and dismiss,and painting the full ceilings in the bedroom and living room was not part of the lawsuit which includes the initial complaint,the BOH and Court Inspector's findings and the agreement of the parties which you wrote yourself in court. I have not asked for anything that was part of the lawsuit since you settled out of court resulting in dismissal. Your letter that says I have lost sight of the dismissal is not accurate.I dropped that until your letter came. Based on your letter,it seems you are living in the past and cleverly using the repair"of the ceilings to deny me my request to have my ceilings painted.This is wrong,but you know it. I sent my request to Jon Hite and cc Attorney after calling maintenance and getting no response on ceilings. I hope at some point you can start treating me like the nice,respectful and considerate person that I am. I've paid my rent on time for 7 years.I have never made an excuse. I keep my apartment in perfect condition and take special care of Jon's property. I will do what I need to do to protect my failing respiratory condition. You should be careful about telling people what my sensitivities are,you are not a doctor and you are not qualified or authorized to talk about my health to people.It should come from me,but you know that. I don't know why you went into all that detail with your letter except perhaps you wanted to tell a story to Ben Wood at the Board of Health. It wasn't information I needed and I don't know how it is helpful to Ben. Perhaps sending it to Ben Wood helped you. Since you saw reason,I will cc this to Ben so he has the actual facts.I see no other purpose for sending this to Ben.Attorney take note: There is no request for anything in this letter. Regards '`yy�'97 Debra L.Horton PO Box 126 Northampton, MA 01061-0126 cc: Ben Wood Board of Health BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health icia Abbott,R.N.,Public Health Nurse Aimee Petrosky,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: 81 COW ST., UNIT 213, NORTHAMPTON, MA i This is an important legal document. It may effect 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 effecter vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma Questo a un documento legate 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, 210 Main Street Northampton, MA 01060 Tel#: (413) 587- 1214 8-10-10: Northampton Housing Authority Ste 1 49 Old South St Northampton, MA 01060 Re: Unit 213 In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State was conducted o du ted at Chapter II: Minimum Uni 213, nproperty owned by Habitation. bylBen Wood, Director on 8-3-10 The Following Violations were noted: Code Number 410.504: Non-absorbent Surfaces 410.500:Owners Responsibility to Maintain Structural Elements Violation Several floor tiles in living room and kitchen are not flush creating a non- absorbent surface Several tiles in bedroom, living room and kitchen are either broken or are lifting Date of Correction 8-23-10 8-23-10 Comments See attached pictures.A BOH staff member can accompany NHA maintenance to confirm which areas require fixing. See attached pictures. Broken tiles must be replaced and lifting tiles either replaced or sealed.A BOH staff member can accompany NHA maintenance to confirm which areas require fixing. The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be fined not less than $10 or more than $500. Each day's failure to comply shall constitute separate violations. Please be advised that if you are aggrieved with this order you have the right to request a hearing. You must submit a written petition requesting a hearing within seven (7) days from the day the order was serve Sincerely, This inspection report is signed and certified under the pains and penalties of perjury Ben Wood Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 BOARD OF HEALTH MEMBERS DNNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health ,Abbott,R.N.,Public Health Nurse me Petrosky,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 VIOLATIONS ORDER TO CORRECT THE STATE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 81 CONZ STUN T 213,ODE NORTHAMPTON, MA This is an important legal document. It may effect your rights You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a um 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, 210 Main Street Northampton, MA 01060 Tel#: (413) 587-1214 11-5-10: Northampton Housing Authority Ste 1 49 Old South St Northampton, MA 01060 Re: Unit 213 In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. An Inspection was conducted at 81 Conz St., Unit 213, a property owned by you, by Ben Wood, Director on 8-3-10 The Following Violations were noted: Code Number Violation 410.504:410.504: Non-absorbent Surfaces 410.500: Owners R ibl_ it to Pdntain Structural Elements Several floor tiles in living room and kitchen are not flush creating a non- absorbent surface Date of Correction By 11-19-10 schedule work Several tiles in bedroom, living room and kitchen are either broken or are lifting By 11-19-10 schedule work See original correction letter dated 8-10-10 for more information. Please provide schedule in writing email or otherwise See original correction letter dated 8-10-10 for more information. Please provide schedule in writing email or otherwise The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be fined not less than $10 or more than $500. Each day's failure to comply shall constitute separate violations. Please be advised that if you request a hearing. You must submit (7) days from the day the order was Sincerely, are aggrieved with this order you have the right to a written petition requesting a hearing within seven serve This inspection report is signed and certified under the pains and penalties of perjury Ben Wood Health Director 212 Main St Northampton Ma, 01060 413-587-1214 BOARD OF HEALTH MEMBERS IONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health a Abbott,R.N.,Public Health Nurse laveria Mir,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH NOTICE OF COMPLIANCE WOC l i 1o�5.h !1Atorty 415 olek So,P1, S 1%nr itiu rtlon mil a of, COMPLIANCE WITH ORDERS iar Iv\ ltt - 3 -/0 property located at 212 MAIN STREET NORTHAMPTON,MA 01080 , an initial Housing Inspection was made at $I Conti S{, ) On,q- ?I3 , owned or operated by you. olations were observed and an enforcement letter with Irrection orders was mailed to you on !I -5- to final re-inspection was conducted on I - a 7-// II violations noted in the oi. • r3 ao Cncrtr i- as 11-f -I6 nforcement letter were found to be corrected and therefore, please note that you have complied with II of the correction orders issued in the inspection report. his letter was signed under the pains and penalties of perjury. If you have any questions regarding 1is matter, please contact me at my office. sincerely, 3en W PH, Director of Public Health Wood ;ct: ed with her earlier today. I had emailed her Monday. Today, I explained that we need to get a contractor in to do Fork, and that the apartment will probably be inspected by them next week. Northampton Housing jjhite @hamphousing.org] Wednesday.August 25, 20104:08 PM Ben Wood Re: deb horton /25/10 9:30 AM, "Ben Wood" <bwoodCdnorthamo[onma ov> wrote: orders to correct had 8/23 as a deadline so please try and meet with her this week. Thanks. m: Northampton Housing [mailto ihiteCo�hamohousino oral it: Tuesday, August 24, 2010 4:43 PM Ben Wood ,ject: Re: deb horton we didn't meet last week. I am attempting to be responsive to a variety of issues, and will respond to her in an erly manner. 8/23/10 5:15 PM, "Ben Wood" <bwoodC�northamot nma cov> wrote: Jon, I you and Debra meet last week?Thanks and I hope all is well. Ben n Wood, MPH -ector, Northampton Health Department 2 Main Street, Municipal Building irthampton, MA 01060 rect Line: 413-587-1213 eneral Office: 413-587-1214 ix: 413-587-1221 nail: bwoodCalnorthampt0nma oov t•: www.northam•tonma.•ov healthde it E-mail is a public record except when it falls under one of the specific statutory xemptions.) Wood ,ct: Northampton Housing Ghite @hamphousing.orgl Sunday, August 29, 2010 12:45 PM Ben Wood FW:Jon Hite Forwarded Message n Sharon Whittemore <Swhittemo e©hamohousino orc> :; Sun, 29 Aug 2010 12:33:08 -0400 ion Hite <ihite @hams>,Torn <Tom hamohousino ora> tersation: Jon Hite leaf; FW: Jon Hite ro: Debra H [mailto deleho@hotmail coml t: Friday, August 27, 2010 2:01 PM Jon Hite eject: Att: Jon Hite on, inks for touching base with me about the lost food and the floor. I appreciate it.Thanks for taking it upon yourself to p me out with some food money while I wait for reimbursement.The new fridge is so nice. My food is all keeping well v. /ill wait to hear from you with the contractor. I will wait to hear from you on the contractor. anks again bra ---- End of Forwarded Message Wood !ct: Northampton Housing Uhite©hamphousing.org] Wednesday, September 22, 2010 3:04 PM Ben Wood Re: a couple of things went over to look at Deb's floor, expecting to be able to determine what we needed to do. The apartment is lifting tiles -mine the extent with of the work while She showed me oedeterorated(ties. Also,, the apartment is I was unable completely to red with furniture. I told her this was a big job and we needed to figure out where we put her stuff while we lift loor and put a new one down. ou know, the NHA is not flush with cash right now, and the situation you cite, frankly, is less of a priority than a ile of items cited by the Building Inspector and Fire Department during their annual inspections. will do the work, I do not know when. She has"an idea"she says will make the work"easy", but I have not been to talk with her about her plan. he other matter, we average 75 unit turnovers per year What I would like to learn is what benefit are these ections to the that regard, andl since the interest in requires us apartments o keep the that nit up to Code dregardless of whether good the cause of the violation, what's in it for us? ry to ask the question that way, but this could be an expensive undertaking. 9/22/10 1:00 PM, "Ben Wood" cbwood • northam.tonma..ov> wrote: Jon, ope all is well with you.... ?ase send me an update on Deb Horton. I have not heard from her and want to close out this order and complaint t want to hear from you prior to contacting her. so aimee said you would be interested in a pre-occupation inspection program for NHA properties. I am very terested in itial hurdle of that,ot wanting where inspectors around, they tenld to like having t he assessment done prior to occupation).the e'd need to talk about cost and capability and then maybe sit down with the mayor. As a start — how many new nants come in every month? ranks. Ben en Wood, MPH ■irector, Northampton Health Department 12 Main Street, Municipal Building lorthampton, MA 01060 )irect Line: 413-587-1213 3ene ra I Office: 413-587-1214 rex: 413-587-1221 `-mail: b oodCnrnorthamotonma aov 1[b; www. northern.tonma..ov healt hde (E-mail is a public record except when it falls under one of the specific statutory 1 Mood Northampton Housing jjhite @hamphousing.org] Tuesday, September 28, 2010 4:15 PM Ben Wood David Adamson Re: mcdonald 402 d any copy of the court order you get regarding Ellen Keller. e ask Amy to contact David to inspect the work there in her apartment. David's staff put in a number of hours ling it up. We need your inspection that the work was done to the satisfaction of the BoH, so we can move on. look at 402, which I was told by David was ok, following Amy's visit. I need to see what the issue is before I can and to your question on an order. , I met with Deb Horton today. We're on a path toward getting the work done there. 9/28/10 3:00 PM, "Ben Wood" <bwod northamotonma aov> wrote: just let me know if an order is needed. Thanks )m: David [mailto:dadamson • ham•housin or nt: Tuesday, September 28, 2010 12:24 PM : Ben Wood : Jon Hite abject: RE: mcdonald 402 =_s I did Ben. I believe Mr. Hite is handling the situation since I have been on acation from last Wednesday until today & was not involved with your visit. hank you, 'avid Adamson laintenance Director lorthampton Housing Authority • • ton ma :rom: Ben Wood [mailto:bwood • northern. lent: Tuesday, September 28, 2010 12:00 PM ro: David iubject: RE: mcdonald 402 )avid, did you get this message?Thanks. Ben From: Ben Wood ov Nood ct: Northampton Housing ghite @hamphousing.org] Monday, November 29,2010 4:08 PM Ben Wood Re:floor schedule signing a contract with National Carpet (a flooring contractor) tomorrow. The work will be completed within two (ld have a date tomorrow. I will notify Deb Horton of the schedule, so that she can move her belongings. 1/29/10 1:47 PM, "Ben Wood" <bw od@ orthaotonma•c m ov> wrote: n, Ily need a response on Debra. Thanks. Ben Wood, MPH ctor, Northampton Health Department Main Street, Municipal Building :hampton, MA 01060 ct Line: 413-587-1213 erat Office: 413-587-1214 413-587-1221 bwood@ orthamotonma oov www.northam•tonma.•ov healthde•t -mail is a public record except when it falls under one of the specific statutory mptions.) NORTHAMPTON HOUSING AUTHORITY 49 OLD SOUTH STREET NORTHAMPTON,MA 01060 utiv ir 413-584-4030 FAX 582-1350 Executive Director TDD 800545-1833 ext. 188 Equal Housing Opportunity ma0®haamphousing.org December 7,2010 Ms. Debra Horton 81 Conz Street—Apt. 213 Northampton,MA. 01060 Dear Ms.Horton: I am writing to notify you of(a)the schedule for replacement of your floor and (b)the date of your annual inspection. At your request we have postponed the installation of a new floor from December 14th-15th until after the new year. I have talked with National Carpet and they have agreed to perform the work on January 25th and 26th . On Tuesday,January 25th,two of our maintenance staff(not David Adamson or John Nelson)will come to your apartment around 8:00 A.M.to assist you in moving your larger furniture from your living-room into your bedroom. You are responsible for moving smaller,personal,or breakable items. You've indicated that your bed can be folded up which should provide enough space to allow the flooring contractors from National Carpet to begin their work in the living-room area closest to the porch. As the day progresses,our staff will work with you to move your living-room furniture back into the newly floored area. We hope that the work can be completed in one day,however, if work runs into a second day,we will be at your apartment the next morning to move items from your bedroom into the living-room so that the flooring process can be completed. I will notify the Northampton Board of Health when the flooring work is completed so that they may re-inspect your apartment if they so desire. I will conduct the inspection of your apartment on Wednesday,December 15th around noon. Please free to call me if you have any questions. Also,please feel free to contact me at my e-mail address which is jhite • hamphousing.org. Sincerely, Ion Hite Executive Director Wood ect: Housing Authority jjhite @hamphousing.org] Thursday,January 27, 2011 8:11 AM Ben Wood FW: her satisfied customer. can close out the Order to Correct. Forwarded Message n: Debra H <deleho@hotmail.com> r: Wed,26 Jan 2011 19:33:24-0500 Northampton Housing Authority Authority<jhite(dhamphousing.org> an, Floor is the most beautiful gift I air is better.The guy's really did tsmanship. The color is beautiful \NK YOU! va -- End of Forwarded Message have ever gotten in my entire life! And the atmosphere is just so nice and clean and a professional job. I highly recommend them for the future. Incredible too. I love it!