38 Unit 5 Complaints 2014 \ cn
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Date:
lime: Ter./L. rvi
Name of Complainant:
Tei
NATURE OF COMPLAINT:
Address:
Taken by:
INSPECTOR'S REPORT:
*' ury v A"?\
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Total#of Inspections:
Orders Issued?:
Date of Final Inspection:
Notice of Compliance?:
Inspector Signature
q: ,ltJYrk r-c,", ar, C•t — sS SC' i3ia
rteifr - �-r_ ;:At LIT at-L,:
U 94Cntit- r.;*?i1 toi—(cooI
Northampton Health Department
212 Main Street
Northampton,MA 01060 t- Z" ‘14``'arrc° a.caF%5s
(413)597-1214 B `"' 'e- LE4,4--
$ K ra,� ; -too
?boo 0E0 e : 2-6 -
a ) ,QGO^'£ u)9tne.R •- Inspection Form 4k 1 µ,p<< ,-€ ,4--A“-- c 7 , -
vatt 36oKhfJ
:,'d & tJ- - €a-�,Jc State Sanitary Code 105 CMR 410.000: 5CIt-c- cc-<.)P*�
pr E at y Chapter II, Minimum Standards of Fitness for Human Habitation
./9/r}c Time -3. --3 am rit-3
#Occupants k Children<6 Years
nt Name jos,4 K,,4*ef4<
Phone# &&/3 . 313 •
m
i 311 113 3t,4 sr- RYT. 5-
\apt
City/Town (.(o ea<44.we'rti Apt#
S
Vame a ,i
Phone#
occupant
4ddress
City/Town Zip Code
x -C� S •'i Title -
_---
Type of Violation
Possible Code
Sec-Reels)
lif Violation
Observed
Responsible
P
m
Description
owner
occupant
sks,striker mechanism(4 or more units)
480
sting,ID,Exit signs/emergency lights
481,483,484
ndrails,steps,doors,windows,roof-maintenance
500,503
lather tight elements
501
sJP "e-.ct
oq�
bbish-storage and collection
600,601
(L SI1t_itt =--
'd maintenance-trash,debris,vegetation
602
I 5P-4711-1 FmkVL
Plntenance of area
500
�I I e Tilt
ors,lights,windows-weather tight,maintenance
501,500
F/
} /
'ess-means,obstructed,safe
450,451,452
Chc /5
ndrails-provided,maintenance
503,500
/?crtrYCtcJ • a S
hts
254
or,walls,ceiling-maintenance
500
s1XlT5 J61
hogs,stairs
503,500
y � f�
(S I-Cline 2 !7^1
ors,windows-weathertight,maintenance
501,500
C
%l.orr—,r1_-. :c 5
cation(circle): Front Rear Middle Floor
Level of Unit
,7C 7 z)t Fs 31 ra-trr�
TT.�{t !/ t(aj
4igerator,sink,stove,oven-good repair,impervious
1 smooth
100
( �/�
`v K O
or alls,c ding-maintenance
500
-
Siam"
[lets,lights
251
pt -ni
ndows,screens-weather tight,lock,maintenance,
Pvided
501,480,500,
551
n-absorbent floor
504
or,walls,ceilings
500
bets,lights
250
cdows,screens-lock,weather tight,maintenance,
added
501,480,500,
551
Tyne of Violation
Possible Code
section!sl
IN violation
Observed
Responsible
P
ny
Description
rs,walls,ceiling
500
ets.lights
250
dows,screens—weather tight,locks,maintenance,
sided
501,480, 500,
551
n,walls,ceiling
500
ets,lights
250
dows, c reens—weather tight,locks,maintenance,
aged
501,480, 500,
551
rs,walls,ceiling
500
ets,lights
250
dows,screens—weather tight,locks,maintenance,
tided
501,480. 500,
551
,shower,tub—impervious,maintenance
150,500
ts,outlets
250
[ilation—natural,mechanical
280
rs,walls,ceiling—maintenance
500,504
rtenance,weathertight
500,501
ting
253
Type(circle): Public Private
able,quantity,pressure
180.354
ionsible for paying MGL ch 186 s 22,metering
I Type(circle): Natural Gas Oil Electric Other
ip.: °f location taken:
190
)°f min-130 max°f
e(circle): Forced Hot Water Forced Hot Air
tin Electric
200,201
sortable units
Bathroom °f
citable room and every room with toilet,shower,
Kitchen °f
Living Room °f
Min 68°f 7:00am-10:59pm
Min 64 W 11:00-6:59am
Bedroom I °f
Bedroom 2 °f
78 F max in heating season/measure 5 feet wall,5
feet floor
oper TM99A-UL Digital Thermometer used to
to temperature readings
e(circle): 110 220 Amp:
serage,temporary wiring,metering
250,255,256,354
uired&operational
482
.e:CO detector not needed for all electric!
•of pests/harborage
550
bugs/cockroaches/rodents-evidence
550
❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other
ction report is signed and certified under the pains and penalties of perjury.
Signature
or Occupant's Representative Signature
tion Date Time
: *indicates that this housing inspection has revealed conditions which may endanger or materially impair
aalth,safety,and well-being of any person(s)occupying the premises
ement
Code Citation and Description of Violation
/ V
990: continued
THE FOLLOWING IS A BRIEF SU)L\LARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USER:
ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED.
1. Rent Withholding(General Laws Chapter 239 Section 8A).
If Code Violations Are,Vat Be0rg Corrected von May be entitled to hold back Torn I ma manumit. Yon can do
rhls without',twig evicted if
You can prove that your dwelling unit or coummn areas contain violations which are serious enough to
endanger or materially impair your health or safety and that your landlord knew toot the violations
before you were behind it 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 I 1 l Section 122L).
This law romemnes allows you to use your rent money to make the repairs yourself. If your local code
enforcement agent'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 maybe able to use this remedy. If
the owner fails to begin necessary repairs(or enter into a written coutan to have them made)within five days after
notice or to complete repairs within 14 days after notice you can use up to four mouths'rent in any year to make the
repairs.
3. Retaliatory Rent Increases or Eviction Prohibited(General Laws Chapter 186.Section IS and Chapter 239
Section 2A).
The corner mar not increase done rent or mkt you in retaliation for making a complaint to your local code
enforcement agency about code violations. If the owvnerruises your rent or ties to evict SA itrin 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 uies this.
4. Rent Receivership(General Laws Chapter I I Sections 127C-H).
The occupants anchor the board of health may petition the Dismct or Superior Court to allow rent to be paid
into court rather than to the owner. The court may then appoint a"receiver"who nay spend as much of the rent
money as is needed to correct the violation.The receiver is not subject to a spending limitation of fur months rein.
5. Search of Wananty of Habitability_
You maybe entitled to sue your landlord to have all or sonic of your rem returned
meet minimum standards of habitability_
your dwell
unit does net
6 Unfair and Deceptive Practices(General Laws Chapter 93At
Renting an apartment with code violations is a violation of die 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. II IS ADVISABLE THAT YOU CONSULT
AN ATTORNEY.YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
(NAME) (TELEPHONE NL." BER)
(ADDRESS)
CITY of NORTHAMPTON
PUBLIC HEALTH DEPARTMENT
212 MAIN STREET-NORTHAMPTON, MA-01060-(4131-587-1214
BOARD OF HEALTH MEMBERS: Donna Salloom, Chair Joanne Levin, MD Suzanne Smith, MPH, MD-
Will iam Hargraves—Cynthia Suopis, PhD
STAFF-Merridzth O`Leary.RS,Director—Daniel Wasiuk Inspector—Ldmund Smith.Inspector—Lisa Sreinbock.RN:Nurse
CORRECTION ORDER
Issued under the Provisions of
The State Sanitary Code,Chapter II, Minimum Standards of Fitness for Human Habitation
105 CMR 410.00
Note: This is an important legal document that might affect your rights.
Este es an documento legal importante que podria afectar sus derechos.
7, 2014
ticenet Inc.
n Wanda
King Street
thampton MA 01060
it Property Owner/Manager:
authorized inspection was made by a designee of the Northampton Health Department of your
perty located at 38 Hawley Street Unit#5 ,Northampton,MA on
i are hereby ORDERED to correct these violations within the noted time limit. Failure to comply
hin the allotted time period may result in a criminal complaint against you.
I have a right to request a hearing before the Board of Health. This request must be made by you, in
ting, and filed within 7 days after the violation has been corrected. If you request a hearing, all
seted parties will be informed of the date, time, and place of the hearing, and of their right to inspect
copy all records concerning the matter to be heard. The petitioner has the right to be represented at
hearing.
cerely,
mund Smith, Health Inspector
Occupant
i.All violations that a e deemed conditions that may endanger or impair health,safety or well-being,must be corrected within
ed time frame. All other necessary violations,the landlord must begin to make the repairs or contract with a repair person On
3)within five days of receiving this order and complete repairs with 30 days of receiving this order.
105 CMR 410
state Sanitary
Code
Regulation p
Description
X
Conditions
may
endanger or
impair health,
safety or
well-being
Compliance
Date
Days from
inspection date
Re-
Inspection
Violation
Corrected
Yes/No
500
Kitchen vinyl tile floor—cupping and gapping—
no longer smooth and impervious or cleanable
Landlords
responsibility
to abate within
30 days
500
Hole in plaster wall near window
Landlord's
responsibility
to abate within
30 days
602(B)(D)
Landlord coordinates occupants cleaning
assistance; at time of inspection the amount of
cleaning was clearly insufficient
This
condition will
be
considered
endangering
if not abated
within 5
days.
Landlord and
occupants
responsibility
to abate and
maintain within
5 days
TE: Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105
R 410.000 in a work person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in
ire occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to
form work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate
vials certifies that the work has been completed n accordance with applicable laws and regulations.
i
38 HAWLEY ST
Complaint Detail Report
Printed On:Mon May 19,2014
Complaint p: CT-2014-000251 Status: BOH-closed CIS 14: Violator:I
�a9" a.ne 4, Address: X38 HAWLEY ST Map: Address:
1.7 Date Recvd.: May-05-2014 Time Recvd.: 09:52 AM Block:
.nt Category: Housing Lot: Type:
GeoTMS Module: Board of Health District: Trade:
_.res Recorded By: Merridith O'Leary Zoning: Structure:
Description:,
(Complaint: Complainant has Issues with housemate(separate BR shared common spaces),who spits and doesn't clean up for hours. Director asked him to file complaint
with ServiceNet(again)as we would have to witness the behaviour in order to cite-this should be handled by the property manager. Hold at desk for further activity.
Comments: ,
Inspector Assigned to Complaint:iE.d Smith
Contacts
Contact l'ype Date Time Name Phone Best lime To Reach Recorded By Response
Caller May-05-2014 9-52 AM Josh Rivera (413)313-20410 Mcrridith O'Leary Phone call
Actions Taken
GeoTMS Module Status Date Time Response Type Action i'aken Comments
Board of Ilealth R[FFRRAL May-19-2014 II'.15 AM Reinspection Reinspected with properly
manager Shannon Madigan;
rooms cleaned very recently,
floors in acceptable
condition maintenance wise.
wall repaired. Property
manager reports occupants
are in court w/restraining
orders issued. Closing
complaint
May-0I-2014 II.10 AM order to Correct see file landlord cited for
maintenance of kitchen
floor,and hole in plaster near
kitchen table;occupant and
landlord cited for cleaning
(602B&D)(landlord
coordinates occupants
cleaning assistance).
38 HAWLEY ST
Complaint Detail Report
Printed On;Mon May 19,2014
May-07-2014 330 PM inspection Inspected with complainant;
other occupant present.
Complainant says roommate
spits up on floor and never
cleans up; observed stains
consistent with this on
outside steps.in common
rooms. Smell of recent
smoking inside unit.
Kitchen floor appears to
need maintenance.small
hole in plaster wall near
kitchen table.
CITY of NORTHAMPTON
PUBLIC HEALTH DEPARTMENT
BOARD OF HEALTH MEMBERS:Donna Salloom, Chair_Joanne Levin, MD-Suzanne Smith, MPH,MD
William Hargraves-Cynthia Suopis, PhD
STAFF:Merridith O'Leary,RS, Director—Daniel Wasiuk Inspector—Edmund Smith,Inspector Lisa Steinbock RN.Nurse
H.4
let:attn.Shannon Madigan
Street
tpton,MA 01060
)perry Owner/Manager:
:onsider this a letter of compliance for a violation notice sent to you by the Northampton Health
lent dated 5/7/2014 for property located at 38 Hawley Street Unit 5,Northampton,MA.
the owner/manager of record and are therefore responsible for maintaining the property in accordance
le and local law, This office will continue to monitor the property to ensure it continues to be cleaned,
ned and does not represent any public health and safety threat You are mandated to do the same.
ou for your cooperation.
I Smith,Health Inspector
npton Health Department
sitcVx ,�
Note: This is an important legal document that might affect your rights.
Este es un documento legal importante que podria afectar sus derechos..
212 Main Street Northampton,MA 01060
Ph(413)587-1214 Fax(413)587-1221