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50 Complaints 1978-1993 LETTERS ,71/y 47- 3 J9e/ Landlords should not be scapegoats in fire aftermath Battle-scarred Holyoke has reached the capitalists, and they mostly don't belong to directly at fault. Why then this punitive of that it will get less. If society wants ultimate stage, that of looking for scape- sacrosanct minority groups. So, now a zeal? Ah,a crackdown on code violations is more and better bread, it must reward goats. Somebody must pay, but who? When famines broke out in Tsarist Rus- crackdown is being prepared for those of politically safe, it creates jobs for bureau- farmers, millers and bakers. If society them who are guilty of code violations. crats and it satisfies popular passions. wants more and better leather shoes, it Ma, and when German arms failed, demo- Which means virtually all of them. gogues had a ready answer: The Jews. There is nothing to suggest that the The theory on which politicians are mmust s. An herdsmen, tanners and shoe- Those days are gone, but modern Massa- recent fire on South Bridge Street was due elected, and bureaucrats appointed, is that using, And if it wants more and better chusetts knows how to find scapegoats. to faulty wiring. or any other code viola- they will serve society. If this theory held housing, it must, under the free enterprise Landlords are ideal for the purpose; they [ions. And considering the last 10 years' good, how would they treat landlords? system, favor builders and landlords. Espe- cannot run away, they lack political power, ravaging of Holyoke as a whole, it doesn't Whatever society rewards, of that it will dally landlords, since they are the ones they've been smeared for years, they are seem that code violations were often get more. And whatever society who, in the last resort, set builders in I y punishes, motion. t But look what's been done! Public auth- orities G �l` �� orities have supported rent strikes, they've I v O s.:. ` �`, ` �� condoned very unfair real estate insurance �' r r I ' % S�� st "�J � landlords' expense. r � J r �/ , The u� mate peak of insanity is reached �� i / ME? m the Massachusetts State Sanitary Code I Chapter II, and resulting administrative y \ =i. / ,'...■, practices. There, we have examples of I �j -`..J V phrases that seem designed far more to E . • insult, humiliate and debilitate landlords s Po �, /S ' 1 din.` : than to benefit anyone. The entire code is Q x''21 4/' - -FG i ' i ALLIES stridently anti-landlord in spirit and word \.- / . ot� -�.vi 1 ,� fl / ! '� V Politicians can,if they wish,hanker after ( election or re-election; bureaucrats can )' 1 1- re'- / �� build empires. To do that, they've got to a ��)j�il, r�1 � keep whipping landlords as they did m the 1 \� 1��'�'�' past. Or they can try to be good servants. LL t 'a M� ; For that, they must make life more toter- s? Jr able for landlords. Which will they u /In..... choose? l __. MOGENS V. HERMANN t - - Northampton BOARD OF HEALTH CITY HALL COMPLAINT RECORD Dateig -.2 -71Tim A -› Name of Iska.",‘,...,.. Complainant Address SD bi-a-••■"-L Tel. Nature of Complaint __ -0--1-4- a OttaitILA-4 -sr-a- , tion of Premises __,42(r .510 Se Owner /11.-4-,-.•—•.-.. M.e. .5-g 6-2 6j Address - :)- -rtierfail-e- . Occupant Taken by--.-- to._ Date of inspection _..127 "2--- Time /Lan INSPECTOR'S REPORT 4/0 4042r-j 04syy "itc-S Action Taken 42.164- A CV:---e" Strtt /0 -3-78 Inspector S;L.,...Ouir*?" 11 ,-4-44 14c Y,• .— 4,1ts ma.48 _-c 0 Ccc.:cc. P N Agent OFF] . E OF THE BOARD or HEALTH 011160 T__141,..,,_ . _ T czor_ _ C ' _. _ E. IT OF SICITE CE-DE tT. _J? F PELT-ES PER FOR __'_v . rJ.4 T , .° LT - H ^0: Mogens Hermann S0_Hawkey_Street, _Northampton, Kass. 50 Hawley Street Northampton, Ma. 01060 ES OF INSPECTION FE-TORTS. ISSIIED TO: ^n October 3, 1978 Dean Kent Opt. 3 50 Hawl Street Northampton, Ma. 01060 This is an important legal document. It may affect your riohts. You may obtain a translation of this form at: Isto e urn documento legal muito importance que podera afectar es sous direttos. Paden, adquirir uma traducao deste documento de: Le suivante est un important document legal. II pourrait a dreit<_. Vous poevez obtenir une traduction de cette forme 'a: VOS Ou_to e un docurento kale import ante. Petrebbe avere effetto sui suoi diritti. Lei ouo otlesere una traduzicne di questo modulo a: Este es un documemo legal impor.ante. Puede que afecte sus derechos. id. Puede adqui rir Lna traduction de esta forma en: AUTO ELVaL EVa cznpavoLxO VOiIL'e0 ErYpaQO. IS nOOEL Va I En;pcOOEL ra vo}1Lxa crag EIxaL(OLJaTa. !incpE L re va nr,aqacE , _aspgararl aUTOU OU EYYO^-uou c;IO To _ ? a e_ Isarth, 7Rort o C T 210 TI: n S,.- cat -- Tel. `o. 58_ The Northampton Board of Health has inspected the premises at 50 Hawley Street , Northampton (assessor's map 32A parcel 168 .), for compliance with Article II of the State Sanitary Code. This letter will certify that the inspections revealed violations, listed below, which are serious enough as to materially endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter 111, Section 127L of the Mass. General Laws, and Article II of the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations within Twenty-four (24) hours from the date of receipt of this order. Regulation Violation Remedy /oV1S 9.3a Toilet tank inoperable. Repair ®,)G` 9.3a Oven does not adjust. Repair Atec 13.1 Bathroom ceiling buckling. a Repair/Replace 14.6 Screen missing on exterior screen door. Install screen0 31.1 "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 thr purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of these minimum standards". If you have any questions, please contact this office. Thank you, in advance, for your cooperation. Very truly yours, Richard J. Puncochar Housing Inspector Certified mail # 234438 . _. .._„s Yom . the riaht to _-_ c.. a stiiification of an irder. To cc- li h a mo6i i_cati.,n, a 2ersot ;tast file in \siting a petition fpr a Laaritg before the - and of .exit Fatiti - - :oust be file d an time in accDrd=_r ce with the regulati c::s^below: (a ) Any person or persons upon whom any order has been served pursuant ta a;y regulation of this code ( ex2ept for an order issued after the requirements of Regulation 33 . 2 have been satisfied ) ; provided , such r etition must be filed within seven days after the day the order vas served ; (b) Any person aggrieved by the failure of any inspector ( s) or other personnel of the bard of health: ( 1 ) to inspect upon reruest any Premises as required under this code; provided, such petition must be filed within thirty days after such inspection was renuested; 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. violation are claimed to exist or to certify that a violation or combination of violations may endanger or mate- rially impair the health or safety, and well—being of the occupants 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 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' ins}iection 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 subjects the person ordered to a criminal fine of not less than ten ($10. 00) dollars, nor more than five hundred ($500) dollars for each day' s failure to comply with this order. 60ARD OF HEALTH 4OHN T. JOYCE,Chairman ETER C. KENNY, M.D. KATHLEEN O'CONNELL, R.N. PETER J. McERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 Tel.(413; j1,p 586-6950 Ext. 214 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" AT 37 Holyoke Street-Apartment A ORDER ADDRESSED TO: Mogens V. Hermann 50 Hawley Street DATE January 30, 1980 Northampton, Mass. 01060 COPIES OF INSPECTION REPORTS ISSUED TO: Pam & Jane Trudeau 37 Holyoke Street-Apartment A. Northampton, Mass. 01060 this is an important legal document. It may affect your rights. You may obtain a translation if this form at: [sto a um documento legal muito importante que podera afectar os seus direitos. Podem adquiri. m a tradusao deste documento de: suivante est un important document legal. I1 pourrait affecter vos droits. Vous puuvez ,btenir une traduction de cette forme a: )uesto b un documento legale importante. Potrebbe avere effetto sui suoi diritti. Lei pub ttenere una traduzione di questo modulo a: iste es un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir Ina traduction de esta forma en: Co jest wane legalny dokument. To mole miec wplyw na twoje uprawnienia. Mozesz uzyskac :tumaczenie tego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext. 214 . The Northampton Board of Health has inspected the premises at 37 Holyoke Street-Apt A , Northampton (assessor's map 32 C parcel 215 . ), 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 111, Section 127 of the Mass. General Laws, and Clapter II of The State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations within twenty-four (24) hours from the date of receipt of this order. REGULATION VIOLATION REMEDY 410.150 A(2) Sink in bathroom loose. Secure to wall. 410.150 A(1) Toilet mechanism missing or broken Repair mechanism. in bathroom. 410.251 A & D Light near sink unsafe and light Repair or replace. in ceiling not working in kitchen. r The Northampton Board of Uealth has inspected the premises at 37 Holyoke Street-Apt. A, , Northampton (assessor's map 12C parcel 215 • ), 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 111, Section 127 of the Mass. General Laws, and Ciapter II of The State Sanitary Code, you are hereby ordered to begin the neces=ary repairs or contract with a third party within five (5) days of the re- ceipt of this order and to make a good faith effort to substantially complete correction, within fourteen (14) days of the receipt of this order, the follow- ing violations: REGULiTION VIOLATION REMEDY 410,5(0 Windows throughout apartment missing caulking, Caulk windows, repair locks locks missing or inoperable, sash cords missing, & install locks. Install cold air entering, glass cracked. sash cords and weather- tighten. 410.5(0 Ceiling in bathroom delaminating. 410.5(0 Caulking missing around tub and wall paper falling around tub in bathroom. 410.5(0 Hardware missing off door to front bedroom, 410.5(0 Front bedroom floor lifting at seam and edge. 410.500 Hardware on front storm door not catching stricker plate. 410.500 Rear exterior door has illegal slide bolt. 410.5(0 Air coming in all exterior doors of building and apartment. 410.601 Trash build up around back steps. 410.500 Attic walls have holes. Windows broken in attic. 410.500 Replace. Caulk and repair bathroom paper. Install hardware. Anch ore properly. Repair. Remove and replace with proper lock. Weather-tighten. Remove. Repair. Replace. 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 410.750 have been satisfied); provided, such petition must be filed within seven days after the day the order 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 occupants 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 410.750; provided, that such petition must be filed within thirty days after 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 Pena/ties 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 subjects the person ordered to a criminal fine of not less than ten ($10.00) dollars, nor more than five hundred ($500) dollars for each day's failure to comply with this order. BOARD OF HEALTH CITY HALL COMPLAINT RECORD Complainant Name of Address ‘17—C) /WASZ Sr Teln,4=2+7 Nature of Complaint da1/14 %/// ZaC.- ki ii&ci Location of Premises • difeit-/-__ Owner 0(jf-2-AlE, thitend.A.khd / 39 /9--i4g Date.4".„2/ Time aid CrO Address (Y 44-4( Occupant Taken Referred to. Time C4J5 _theezai-csc tea/e Date of inspection INSPECTOR'S REPOJtT ULL-Creiel Action Taken T. )CYCE, C!.,Cz..n R C. =.=n.-Y. )d D. CE Ell c,•CC;:ELL. R N. R 1 ',Ca_S%N, 0171' C:F ?<O ...... 'ACjLS) iTS OFFICE. OF THE :'OARD OF F=AL-H 210 L:AP.t STR ET la hbo TO Ia:`._i 91; S86-6950 Ext . 214 TO CORRECT VIOLATIONS OF CRAFTER 11 OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF :SS FOR HLP N _'31TAT1C4U1 AT 3p Hawley Streeter Northallptonr Mass_ 01060 ADDRESSED TO: Mogen Hermann 50 Hawley Street • DATE August 25, 1980 Northampton, Mass. 01060 SS OF INSPECTION REPORTS ISSUED TO: Dean Kent 50 Hawley Street Northampton. Mass. 01060 is an important legal document. It may affect your rights. You may obtain a translation His form at e um documento legal muito importante que podera afectar os seus direitos. Podem adquirir Lradusao deste documento de: iivante est un important document legal. I1 pourrait affecter vos droits. Vous pouvez Hir une traduction ae cette forme a. to nn documento legale importante. Potrebbe avere effetto sui suoi diritti. Lei pub Here una traduzione di questo modulo a: . es un documento legal importante. Puede que afecte sus derechos. lid. Puede adquirir traducciSn de esta forma en: est waine legalny document_ To mole miec wplyw na twoje upraemienia. Mozesz uzyskac aczenie Lego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext. 214 The Northampton Board of Health has inspected the premises at 50 Hawley Street , Northampton (assessor's map 32A parcel 168 . ), 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 111, Section 127 of the Mass. 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 twenty-four (24) hours from the date of receipt of this order. REGULATION VIOLATION REMEDY 410.256 (-- Light not working in the bathroom. A Remove wire and repair light temporary light was installed wire A: 0 through door way. 410.500 Side porch leading to the apartment, Repair/replace, has rotten floor joist and post supports. Ceiling falling also. The ;for tLa r.pt on F d of Dr alth Las inspected the piemises at 50 Hawley Street , Northampton (assessor's map 32A -_ parcel 168 . ), 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 111 , Section 127 of the Hass. General Laws, and Chapter II of The State Sanitary Code, you are hereby ordered to begin the necessary repairs or contract with a third party within five (5) days of the re- ceipt of this order and to make a good faith effort to substantially complete correction, within fourteen (14) days of the receipt of this order, the follow- ing violations: REGULATION 410.500 410.500 410.500 VIOLATION ar' Three (3) kitchen window panes are cracked, Down spouts missing. Paint chipping in large quantities from tat^ ceiling on side porch. 410,500 Kitchen floor missing pieces and lifting, 410.500 0(- Bathroom ceiling falling due to moisture problem, due to the window too small and it won't open, 410.500 q� Large hole in rotten kitchen screen doors. 410,500 Large gaps and opening around exterior doors and windows. Wood on exterior separating, rotten, by windov1Bills to windows broken and in poor shape, REMEDY Replace. Replace, Remove. Repair or replace. Repair ceiling, replace window or install ventilation. Repair. Caulk gaps, weather tighte windows and doors. Repair rotten wood and repair windows, If I may be of any further assistance don't hesitate to call this office. Very truly yours, Richard A, Gormely Code Enforcement Inspector CERTIFIED MAIL #864359 RETURN RECEIPT ddress CHAPTER II STATE SANITARY CODE Occupant's Name o. of Occupants I2. Apt. # 3 # of Dwelling Units # of Stories 'ype of Structure B F M # Habitable Rooms # Bedrooms iwner Address of Owner Bathroom 410.150 negusacron -- lot water between 1200 & 1400 .19Q :oilet and seat .150 A(1) lash basin .150 A(2) shower or tub .150 A(3) sufficient cold water .350 A dloor .500 Jails .500 ceiling .500 Door .500 Light .252 A Ventilation .280 A or B Plumbing connection & drains .350 Kitchen 410.100 Regulation Violations Kitchen sink sufficient size .1QQ A(1) Stove and oven .100 A(2) Space for refrigerator .100 A(3) 2 Outlets (electrical) .251 B One electrical light fixture .251 A Walls .500 Ceiling .500 Floor .500 Ventilation (window) (mechanical) .251.6 Cold water (sufficient pressures) ,350 A Hot water .190 Windows .500 Pc.- .; _ . .. . . Doors .500 Screens (door & window) .551 & .552 Plumbing connection & drains .350 Living Room Regulation Violations Outlets (2 or one with light) .251 B Lighting .251 A Walls .500 Ceiling .500 Floor .500 Windows .500 Screens .551 Locks (windows) .480 E Pantry or Dining Room Regulation Violations Outlets (2 or one with light) .251 B Lighting .251 A Walls .500 Ceiling .500 Floor .500 Window .500 Screens .551 Locks .480 E ulation Violations n ieepiug n ..,,. . fficient natural li•htin: .250 A ets or 1 .251 B out 1 outlet 251 A ht with Its .500 ilin: .500 .500 oor .500 .ndows .551 :teens .500 'or there adequate for occupant? .400 pace Sleeping Room #2 ufficient natural lighting .250 A .251 B or 1 outlets ight outlet .251 A with .500 ails .500 eiling loor .500 .500 indows .551 greens .500 soot '.s there adequate for .400 •ace occupant? Sleeping Room #3 sufficient natural lightin_ .250 A .251 B t or 1 outlets t outlet .251 A with .500 Balls Ceilin: .500 Floor .500 Windows .500 .551 Screens .500 Door Is there adequate for .400 space occupant? Common Area & Exit (Interior illuminated .roped .253 A & B Interior area Windows .500 Screens .551 .500 Doors Ceilin_ .500 Walls - .500 .500 Floors .042 Stairwa s Common bathroom clean Common Area & Exit (Exterior .151 .500 Chimne .500 Porches .500 Foundation .500 Stairs & rubbish .601 Garba:e Private wa s .600 Gutters and down spouts .500 Roof .500 Lead .502 paint Fntry liehts .253 B - U. , _ Violations benerai • Ll services working and available . 620 re heating facilities in good ?..aill ___ .200 iat680 and 64° 20 A 11 st water 1200 to 1400 19 acilities vented 2 heater - proper 900 A pace emporary wiring 256 lectrical service adequate 955 nsects and rodents n welling sanitary 607 & 4 Miscellaneous Inspector Date The next scheduled reinspection is: Title a.m. p.m. Time a.m. p.m. Date Time r d. _ -- ��+ �Urf , on n '"' r S o) d414 Gi- )rn ? a V _vatf aM [ �A.b)p ? 2. -Y)o . -- -'- , P 09 -} a t4k ,4009 drib it#Witit, `1)1114A ,o9 o ( & cm Itrm 477o of p c/N o/44 h da //� 9 1424o aq w)pp 4 MaJ won UatA4A b 141 Apar qp oam Vit ip y} WWel ain y ajtt ktri l 20711--.441 1 1 \ 4 kr b "ogens V. Hermann, 50 Hawley street, Northampton, Mass. , 01060, 9-24, 1;91. To the President, 3oard of Health, Northampton, 01060. Dear Sir: I hereby ask you to allow me to study your files in regard to enforcement of the Massachusetts State Sanitary Code, Chanter II. Reason: I am due to aroear as a defendant in Court a few weeks from now, under indictment for having "violated an ORDER issued by the Board of wealth of the City of North- ampton " According to circumstances, I way or may not base iv defence on the possibility that I may have been subjected to undue discrimination. A study of your files will, I suppose, reveal whether I was or not. Sincerely, : c SC ilrec Er-2 Qua fr- crdaer ter. �1� ?�r G #4 /74C a� t eon < f I en-P-se '`era"` fh 9Gr/ � , a - --*vale,g_ 44-0 ca giestoer .c e & .n,,,-..,a ha- • "At rac,_ D ave<a< fin. _ rcr;r -?r n -ern—Pr pord ' t � -, C � "r -7ttntr, Orir ° 'n "'" -P-1,,,w.V /7 p r r^ oz' r w-v -97e 0351 , 5- "ogens V. Fereann, 50 Fawley Street, Northamnton, Mass. , 01060, 8-24, 1981. To the President, Board of Health, Northampton, 01060, Dear Sir: I hereby ask you to allow me to study your files in regard to enforcement of the Massachusetts State Sanitary Code, Chapter II. Reason: I am due to aapear as a defendant in Court a few weeks from now, under indictment for having "violated an ORDER issued by the Board of ='ealth of the City of North- ampton . " According to circumstances, I may or may not base my defence on the possibility that I may have been subjected to undue discrimination. A study of your files will, I suppose, reveal. whether I was or not. Sincerely, To: The Clerk of Courts, Hampshire County, Massachusetts. From: Mogens V. Hermann, 50 Fawley Street, Northampton, Mass. Date: May 11, 19B1. Subject: MOTION TO DISMISS. I , the undersigned, have recently been a defendant in a case initiated by the Board of Health of the City of Northampton. I am due to appear once again in the same case on May 27. The said Board's proceedings again^t me are based on Chapter II of the State Sanitary Code. However , I consider that the said chapter of the said code is invalid, as explained in the Statement of Reasons attached hereto. On this basis, I hereby ask that the case be dismissed. Sincerely, Mired L Frechetle.M.D..M.P.H. COMMISSIONED Mogens (Max) V. Herman 50 Hawley Street Northhampton, MA 01060 WownnempadielSaaettk eats lYa&3 so0 heal r'S Aet!!wv OFFICE OF GENERAL COUNSEL Room 218A 727-2665 March 10, 1981 Dear Mr. Herman: This is in response to your letter to this office, dated February 25, 1981, concerning the constitutionality of Chapter II of the State Sanitary Code: Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Chapter II is authorized by Massachusetts General Laws , Chapter 111, Section 127A, which directs the Department of Public Health to adopt the State Sanitary Code and to include in the Code "standards of fitness for human habitation. I am unaware of any court case which has challenged the consti- tutionality of this statute, or of the Code. Sincerely, Bruce Millies Deputy (,ennral. Counsel BM/cs 11 .7 . Trial Court of the Commonwealth Clerk's Office District Court Department Hampshire Division 15 Gothic Street Northampton, Massachusetts 01060 Feb. 25, 19 E. TO Mogens V. Hermann 50 Hawley Street Northampton, Mass. 01060 You are hereby notified that an application for a criminal complaint for alleged _ Violation of the State Sanitary Code - S. L. c. 111 sec. 127A, H, C ( 105 CMR - Chapter II State Sanitary Code ) has been made and a hearing thereon will be had in the CLERK'S OFFICE on TUESDAY, daY March 3, 19 El at10s30 AM ICtI at which time you may appear with counsel if you wish, and present such evidence as you desire to have considered. ccto - lainants Peter J. Mctrlain, Health Agent Board of Health PLEASE PRESENT THIS NOTICE City of Northampton AT THE CLERK'S OFFICE IF YOU APPEAR ON THIS MATTER L J a-0 I WVNM1 CHARLES J. KULIKOWSKI, Clerk/Magistrate glk ds 4. S , -- APPLICATION FOR CRIMINAL COMPLAINT - SHOW CAUSE Witness card annexed' Yes No iii urgent, check here X ) No • Interpreter needed? Yes Date Februar 24 1 81 Clerk Checked against requests for hearing by Checked against indexes for record by Checked against any show cause case by Checked for any pending case DEFENDANT Mogens V. Hermann COt.1P LAINANT Name Mogens V. Hermann Name ddr Peter of Health, , Health Agent ee Address 50 Hawley Street Address Board mp Hn, NA, 210 Main Street Northampton, MA 01060 Northampton, MA 01060 Tel No. 586-6950 extension 213 Attorney Assistant City Solicitor Harry JekanowskiAttorney me Sta reference er II of the State Sanitary ,B ,C tary Code 105 CMR Chapter Value Property of (or) Person assaulted Where crime committed When crime committed Reported to police? Ye5__No_ Complainant accompanied by Police investigation Defendant in custody? Yes No Police represented by Process Warrant Bail $ Summons Returnable , WARRANT INFORMATION SHOW CAUSE Color: Age: Summons mall Hair: via Eyes: Show cause police Height: Weight: card Married or single: RETURNABLE A M. Occupation: r P.M. Social Security Number: Parties interested: BRIEF DESCRIPTION OF CRIME unitsa locatedr at 50 v Hawley Street,oNorthamptone,rAssessors Mat Sanitary p 32A, lot 168. in dM Refer to attached copies of notice of violation and letter of refusal. . It Mogens (Max) V. Hermann, 50 Hawley Street , Northampton, Mass . , C1060, February 17, 1981. Mr. Peter J. McErlain, Office of the Board of Health, City of Northampton. Dear Sir: I have received , today 4 your t letter lof iFebruary 12, in reference to Apts . 3 As I see it , I 've been set up as a victim of unending persecution. Of the kind that turns into slavery unless it is resisted. 1 've found a very good proverb in that regard: slavery is not a misfortune; it ' s a sin. In such a situation, the slave is a sinner, as much as the taskmaster ic . I refuse to be a slave. Ergo , I refuse to obey any of the orders you gave me. Sincerely , //,%,pp- ✓�� ,�.ti-c 4 P.S. : I've retained the original of this letter, so that I can take Xerox copies and circulate them to people who will supposedly be interested. Ired L.Frechetle,M.D.,M.P.H. COMMISSIONER Mogens (Max) V. Herman 50 Hawley Street Northhampton, MA 01060 1efrart 44 t soo rea5ew Sfitnet :18-sSten/ 02/1/ OFFICE OF GENERAL COUNSEL Room 218A 727-2665 March 10, 1981 Dear Mr. Herman. This is in response to your letter to this office, dated February 25, 1981, concerning the constitutionality of Chapter II of the State Sanitary Code: Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Chapter II is authorized by Massachusetts General Laws, Chapter 111, Section 127A, which directs the Department of Public Health to adopt the State Sanitary Code and to include in the Code "standards of fitness for human habitation". I am unaware of any court case which has challenged the consti- tutionality of this statute, or of the Code. Sincerely, Lrr Bruce Millies Deputy Genera]. Counsel BM/cs 5^ Pawing Street, llorthamnton, vans. , 21060. dtatement to the 'Petard of wealth, Porthampton, Massachusetts, February 26, 1020. You people evidently exvect to discuss nenlin.g paint, window sash cords ant such. I am not su resting that I won't discuuss any such. nut there are other natters also, that I think I have a right to brine into the ones. The State of "assachu .etts sevens to have extremely permissive laws with respect to libel. In order to win a libel suit here, one mast be able to trove actaal nation on the tart of those -rho make dnrogatnry statements. I cannot trove malice on the rapt of those who recently offended me in regard to the condition of my property on 17 Folyoke Street. Put since I have the opportunity to sneak here, i want you people to 'know how I feel about the way I have been treated. Your stationery mentions something; such as "Minimum Standards of Fitness for 'iuman Fabitation." Any a nt who term, and who hears that a certain building fails will think that the building lack: doors, windows, a roof, basic plumbing, or such. January 20 As Inspector Jormely looked over my building on saw that this year, he found some .ria:1O l-r cords missing; e y some doors didn't have the trotter 'rnohs, and such. Ca this ba- sis,sis, he issued a letter to me, with cony to .rating that the apartment in which they lived wasn't fit for human habitation. I have owned that hnildir ; since July, 1027. The a-,artment in question was inhabited by a t'r. 9ob liic-owsi-i , a former fac- tory foreman, and his family. The anartmrnt was then in a much worse Condition than it was on January 22, when Instanter Jor- ,ely looted it ever . Put the '.+'ichrr,sl i family evidently didn't find it unfit for hu"vtn habitation. Rob Wicbowski bought a house of his own in the fall of 1277; he and his family moved out. I made some irtrovossnts, and my next tenant groan was on a Section Ti ht ur , ram. `.vid.ently, the head of that -program didn't find the nnartment unfit for human habitation. Und there wasn't mutt; dirference between the anartment's condition then and on January 2° this year. '"he insinuation that it was then unfit is thus highly con- troversial. It is also highly damaging to my name and reputa- tion. Ty the stan'ae'ie of most countries, and by those of some of the states of this r-nion, it is slanderous. ,e that In- mf course, if somebody carefully reads the rtesag. erector norr .ly sent me, he will see that he nrobahly didn't mean it that way. Some of the deficiencies he found -- if not all -- might have been only serious enough. to "icm it the well-being s' ionery states. nut that is what of the ed double-talk;is the it. Ss called douhl e-t alt; it is no excuse for making what is basi- cally a slanderous stnt ement. In the same stationery, t'ne ward "viol^.t ions" aruears in at least three planes. To most tootle, the word violation imnlies retion rather than re;;l.ect. Driving most a red traffic light can ororerly be cal:Led a violation. The word comes from the same root as violence, and most too^le are aware of the ca r,ec- tion. tut if I had done anything wrong with respect to that building;, it was t' at of imying it in a very 1-rerfect condi- tion, and failing, to correct all its deficiencies. I corrected llenty! Now to the legal foundations on which you PeenlP vor1.. It is possible for public n°i'ieinls to he non naio ev eof society it is books as to conster them infallible. recognized that some legal stipulations are rood ; others bad. Good Public officials are able to recognise the 1irference, and to avoid stringent anplic,ation of had ones. In a country such as the united States, where people move a- round a lot from state to st te, it is narticularly imoortent to do that. It is peo- ple from other countries live.e If and whonl youeneonle anc aeo- ly a quirky stipulation of ,tasarchusetts law to people who weren't born and raised here, you very much risk to commit an injustice. For those people are likely to live by basic equity and justice, and P. quirky stir'0atinn man injustice in itself. Generally sneaking, g,00c laws : re those that make for a strong society. Three and a half call.ennia Pg0, as rin,: namaurmi of Sa- bvlonia is°.ued mans-ind 's first detailed written code, he stated exoressl.y that it ours intended to hello the gro-th of P. strong so- ciety. =ver since, rood legislators everyrhere have t ken it for granted that this 19 the way it ought to be. Good layman citizens sense it also. Sixty-two hears ago, there develn ed on earth a cancer called communism. It throve and S-rePl because nt its head ware soma of the most brutal and cunnin - tyrants t= world has known. ?y ter- ror , mendacity and manipulation they made their system grow, till it covered almost half of mnn'kind. °ut disea e it is, and dis- ease it will remain, until and unless na r' ind rids itself of it. The only Ironer way for legislators to strengthen society con- sists in makirn; laws by virtue of which , by and large, thos` whop work can keen an enjoy the fruits of their work„ There be a reasonable amount of liberty. "hat 's bow neotle s productive powers are stimulated, and that 's how society Pr's strop. . that The united .states of 4merica, in particular, way. 'lut d¢in' tho last t"irty years or so, different philoso- phies crent in. Philosophies that strangely resemble communist ones. Most neotle think that communism and democracy are opposed to each other on all points. On soma pol.uts they aren't. Those philosophies were nourished by perverted applications of democra- tic. nrocesses. Corominists don' t admit that an^thin.: rood can comP from t e free-enterprise system. To them., th Pre is only one '°ay of getting wort' done, namely that of endowing nubile officials with rower to compel. As I see it, this is the origin of rigid role-book annli- cation, and of your s tationery' s slanderously rude wording. lutes and regulations then P must he. 'tome of them, of course, must impose limitations n.1 somP people's freedom of action. ?ut when that is done, it must he done in,such a way as to aisles should not such stifle productive activities. oeSideS, that few offenders escape detection, gig ones are pretty sure to be caught, and they are 'ltnished mo'e heavily than small ones. Arhitrar iness in n1 i cat ion should he srunned. Judging by what I have seen, I am getting the i,mrre-salon that you People -- 1PZiel'tors and administrators alike -- don't know those principles. or else, that you deliberately violate them. `hr standards established in your codas may he all right as annli ed to large modern anartment eomnleyes , built and run with nubile subsidies. '.s far a I know, they ^.ost abort ^50,000 to `"1!'0,000 per anartment to rut un. "pt it is groo°ly unfair to a mly the same codes to small old-fashioned buildings such as mire. , -aair by ea trigs rrr^nt the turn rf the century. .,hey ;bnut Vdt ,Or0 to elti,020 per nnart menu, and that.'s a far]. for due account pair estimate of riaat they have cost to society. taken of inflation. different locations. Fore There are many di`ferent hinds, in imnortant perhaps is the fact that mazy of their owners are de- cidedly unorofe sion: l in their pacity of landlords. eat, one tic n, it :,. consequence of the fact the few '+evs in which a small capitalist can convert capital into income, while reserving Plenty of another imefor vim elf. One old house is deficient this way; ' of bway. tny is defects will be reeflected in lower rents; alkin as i bel nce i strucd. Market m chanisms reign snnre^ _ snecto full seep away, .and the market has a .justice better eitse own, and better well L'no'w that itinrove�nents will hrinc tenants 'nt he balances that against thr immediate cost ofn ersoO_ - vements, the ifiediate inconvenience of tenants, al skills or lac'. of them. In a situation of that type, an insnector who issues orders to "by the book" becomes a bill in a chine shot. If 5henfailsh toe take account of all the peculiarities c` he hardly ever can -- he is pretty sure to issue rconmdcally unsound. orders. '"n carry the out within the time limits that I have seen, the landlord must submit to "involuntary servitude" , or to "deprivation of nroterty without due course" , both of which are forbidden by the "sited States Constitution. Such or- ders become so many indignities, which are resented no'rSally ol- der so m'nv Lmllords are very Proud people. v der ones. "any Of them .nnld be ,lust. as Well off , it °urel, eco- nomic terms, if they Went on welfare. nut a desire for indepen- dence, and unwillingness to be a burden on society, keen them 'oinr, as landlords. Society should be rmatefui for that, because without them the housing shortage would be far worse th-rn eita es. This nation became per-mated with "sexist philosophy ago. Sefore that , landlords were treated with respect, tut late- ly, they have been treated like creeps and criminals. There is inherently nothin : immoral about a Person deriving, next of his livelihood from invested capital, as landlords do. Popular be- lief to the contrary, money saved aside has a productivity of its own, from which society benefits. tut :artist n'.ilosonhy de- ny this that i:r one reason for the low esteem in which landlords are held. 'resides, perverted democratic machinery ?lays a role. There are more tenants than Landlords. elected officials find that it nays to cater to tenants, while 'ricir. lo'ndl lords. Thosel attitudes color the whole system, including you stationery, your rule bnol:, and the individuals involved. In the long run, it doesn't nay for society to unjustly vic- timize an' of the groups thntfeed , clothe and home it. if you vilify and rob bakers, something will go wrong: with '-'are bread supply. ih., snore rnr.1 fop other manufacturers , and for landlords. The present cousin,; shortage is a direct result of the shabby treatment meted out to landlords for the last fifty years.landlords against vandal- nrntect lan Pub- lic officials have supported tenants who went on rent strike; they have failed to adequately inspectors ism. They have turned health inspectors and building loose on them, to the anulnuse of 'larxist university r= essors and bottom-of-the-barrel tenants. p.. no means all of mind you, for most of them are "e.ent. here is a close connection between nroole •'ho build 'souses and t'' nee who hay the art er co^'let inn. "n'rer :he free-enterprise s:stem, houses won't he built nrless aunrn ftt. rut when romebol Fos ' that will briy them at a mice that. 1.eaves sou society a treats its landlords sha•-�il y, the sober drie nu. whole spinet hoesitt° short 'flame your eel yea , that led to this uncomfortable situr.tion' housing oriel-pled the free-entertriPS avem insofar ns is concerned , society has fallen hard on the rznediFnt of public '^rich means us ingtarn^yer ^.nnFy to build horribly PrPn- siueing. 'rut th.•t 'n to introduce a socialistic evf9. erne. elem ntai into fiel1 a put ernriea used to reign suer element into `loth :y are roe RS anyone The two don't ^._y very •a ell. That yn^ .Ft is n vac", Meet, honor a"nnd. but it Drill who understands such matters and let the rnr the hnu ai n- ehnrtnre, ether time is r ito to orb ly tan ilnr ds well, te':a time for it to -nor}-: treat your rmrket tat care. a which Lnanect or 'lonely deeply resent the circumstances 'n Pr conducted his inveetiry;atiou of ^'r nronerty. 'h•"-t eta red first of ,,yo the n consent. I all 'd: s that the "end eau sisters, 'a''-n ocr v the znc gent in question, instilled a (get embed wit'h'uut' f ,lops rn.c,er , T went first noticed i ` rn or ^.rthund tnmrnry 5. to the euildifl I ns-tecto-' s orrice to l'et so•'w-holy t.o tell me -whe- ther the beams lint erneathl nooentsit wort thr se'red deht. Inspector Sormely, who is *'uildin,' January' 29.consented to 'o that . "e and I met on site at 1ml0 Chant cants yo, nylon loo're' at the car nentry, l . than let ma en n shat r 1 the -.lane without mit P.tv- he intended there +rtoa st ano structural hazard. he a se to stem on nr t on e, I was hantrd giv- ing it a secnnl thought. nut on it:brsl nv pabru my 2, certifiel letter , sinned b•e him, orlerin ' re to emery out three hours, „'^^nine Before rather substantial r eon ir jobs another eleven jogs within two Sunday at 11 n'cr.ode .t. . . weeks. e had a positive cheese to•.' to them. I call Some V ethane o' ' r=. them uunit lve becaase they seemed to be Ws!" out of `:nosing with the are of the 'anise, the rent levels and to ehnei neighborhood. One v have been is t .,ray of doing of them should tire I, as stung by his underhanded than n by. 'asides, I ` of the la.rgunre used. o.,o, it , and by the oast loess 1,e, ore, in th.a fall of l f T hdd. heel i. , thPl sr per notfs Ins-rector dhincrct r innt [ ne td a ¢oSilrr e the on roe L o ir. my our oleo, ,;ere fotlowl nr or ticee tP at some tenants +''o , building. -esoec tor run- eret 'n"-s th conditions in spa t'-er b' 1 one of which cnchar - d and issued three rr ors, ruled ar.:,inl, tie, :ors-ly's morP cnchar .., . found just as uric-Iliad-ter as Pone of ,' .. r n recent ones. S;nea that i , for nor, .:ill he. very }gainer this hack. round , l PV n , tenant should l h very something to call on nn,7 ins-1^ct^r, or 1, 1 illin 'st structure ors earth thud, tiontly iNserils lay l health conditions.o }ciservicestinenfar1 PS',unitive is concerned :al da won1er 'n0 of t 'eel the I de- cited P 9eL^IP 'L^�%• i wSooen ''.te many other landlords Ins:l s letter . Soon after 1 hod receive. Ise vat.tinn for annPP.l. was deliv- cide'd oo a'ncal his r•liethis office on nniaY. ?ehru.ry !r, at ari are to .+.a ' nerd or - re- I have carried out sone of the orders. I that,. :ni`w tne ' oas.avtoome- lieve MP of others. 'Pt before I € , thing about myself. I worked I am 61 vpnrs of age. Miring my youth and middle age, as a money.mitt in several of 6 , It hals. 9eanwhile. I s .ved aside some mo na?. I-t bhP age of h6. I had known for lon5 that the work of economists is rendered futile by wrong ideol.o;;y that had been permitted to reign supreme in many fields of work, including my own. I decided that somebody ought to makeabcompletepreview good all ideolot3', with the aim of renlaci n,; P ideology instead. I see myself as a modern version of "Pnry David Thoreau. built himself a house in the woods, so as to avoid raying rent, and so that he could maintain himself with a •ninimtm of work; all in order to get the time to 'site books. twelve iyearsl ng .rent, bought houses in Bamnshire county, and so that I could maintain myself with a minimum of work. All, of course, in order to be able to write. it at ^iY own cost in I have written my major opus; I 1976. "Iv sales volume has been lousy. : haven'ti givren hoee,t however ; I think the world needs my sooner nr later. Aeanwhile I am writing articles, some of which are published in a magazine. And I an writing special studies such as this one. I don't think I should have to be comnelled to make repair works on my houses that I , as a businessman, don' t think are re- quired by the existing conditions. End of ?re-oared Speech, Beginning of Haggling. STATEONT OF REASONS why I think that recent Massachusetts Sanitary Codes should be invalidated. Northampton, Written by: Mogens V. Hermann. 50 Hawley Street, Massachusetts, 01060. Drafted Mainly during March, 1991. Minor modifications in May Legal documents under consideration: section 127 A. - Massachusetts GeneralLa s Chanter I , of on61• - Massachusetts State a - State Sanitary Code Article II , Minimum Standards of Fitness for Human Habitation, effective August lad ted Jan. 1, 1979. - 105 CMR 400.000. State Sanitary Code I, Op - 105 Cie 410.000, Minimum Standards of Fitness for Human Eabita- tion, effective October 15, 1979. - Massachusetts general Laws Chapter 196, section 18. - Massachusetts General Laws Chanter 93A. 1_ Intr Introduction. I want to try to get the recent Massachusetts Sanitary Codes abolished. Hot only because I have been unpleasantly afwilleb e y them, but also because I thick that society in general better off without them. ed as an economic adviser For years on end, I have been employ given the task of in various countries. I have occasionally been g experience,e, I for ve derived ideas as tom what that ise, and other landlords, legis- lation be like. I find it abominable unst that I , should be subjected to codes as +mstat eamanlike as the Bay sanitary codes. be- came a sense, my attack is centered on thet last one, - we enough came effective in October, 1979. However , to simply have it abolished, because the two previous ones, of August 1977 and January 197R, have almost e same me e ten contents. which I think And I find objectionable features, attack is centite tional, also in the one enacted in 1969. My directed against all of them. I cannot assert to thehletteri that any of the codes is constitutional clause, but abso- lutely contrary I think e er , they all clash e it its stor demonstrate I don't believe it enough to 3emonstr ate incompatibi- lity with it, either. For it seems to be a fact that when social considerations impel legislators that.override therefore Con- stitution's spirit and letter, I have Sanitary decided that in my effort to invalidate unfair,y and Probably Codes, I must show them to be generally harmful to society in the long run. ctnd have I have talked to a few lawyers about lawyer this Proja offer,, aed ao received gone useful hints. However , "take the case." NOT do I think that I would have accented such kind of an offer had it been made. I think that I have the right background, namely that of an economist who social ieefl w, eanI who is used to think in terms of laws' general know of any lawyer whose background fits these sneci£ications, and who could manage this case better than I can. Moreover, if one efore did exist, I supnose that he would be extensive. hecefoce. I have become my own counsel, ould beo S. S.C's, by MYR , March. 1981, nage 2. I may have written at too great length. Somewhere, perha s all early stage, a judge may see a deficiency I mention, by itself is enough to invalidate the codes. Whatever I write after that will be overkill. But short of experience e ton If em, I have decided to field rather too many 2. What Aril e'sa three practical prohibitions, against The Jewish and folu are prime examnles of good murder , theft had false tidtimomb. ex- messed rss in phrases such as toe in own" , ora"suchb contribu- t ion, in p such reward." As Adam Smith demonstrated more than two centuries ago in "The Wealth of Pations" , a society run according to stcevma1ims save, likely to be prosperous. People will work ha¢d,given such and invent ways of increasing efficiency, when a ivenh exertions prt And as Adam Smith showed also, along those lines do, generally, benefit society at large. Crime and abuse have always been with us. But even so, man- kind ti`s recognized the validity of such maxims, until a few de- cades ago. �'s, however. another man- In the Soviet Union during the 192 and en- throned of thinking, arose, which discarded old traditions, throned entirely different one The basic ideas were embodied in in Stalin's Five-Year Plans, the first 1928. Govern ent ownership of all major Productivea facilities, and central planning of economic activity, were centerpieces of the new methods. From then onwards, there were basically two officially recog- nized ways of ensuring that neonle did was People ed. One of them consisted in arranging basically out of free raid for goods and services they provide, will, whether as employees or independent producers. around, consisted in empowering some p while making it clear that they will be punished if they don't obey. payments are made basically, according to In the former case, pay In the latter , there may not be the laws of demand mo and Andn if are arbitrarily any payments in money. And if there are, they determined by taskmasters, et h eve free- The former of th the latter is that f is that of slavery. ant W th order; When there results anconditionnwhich I shall call statenservi- tilde. white-collar slavery. servi- tude. It is, essentially, As this Rerublic of the United States of America was created, it was understood that it would t based It on what is shntw called ex- isted free-enterprise sy, geographical t and isted here, but it was restricted to certain egeo ae calm in , as economic areas. It never nullified the new reject- ed. as- expressed in its of its crude and Constitution. e During t the 1860'u, slavery restricted service in war, ed. State servitude was restricted to military Republic's which is a situation apart. stem, the By tadopting e the d tee path fee system, rapidly Found- ing Fathers on execs the path v wisdom.i the country grew ap legislators. judges and top executives cleaved to it, in wealth and power. S.S.Cts, by MYR , March 1981, page3. That system is based on maxims as ea h his sown", and "such contribution, such reward." that these are good maxims. Conversely, the principle of state servitude is suspect, to say the least, for depriving People of freedom and dignity, and for being, in most situations, an impe- diment to economic efficiency. I have added Granted that some peoplePeemi todteinic t sty uch servitude has in some cases led to g n herein. some commentaries on the a caj . in practice be enforced onuthe A good law is one that who, vast majority of those to whom it theoretically applies, enforcement can be made without doing so don't aonored justice. Academic njustice, but it nevertheless exists, and is existence of basic ,justice, tremendously important. these should be fairly Granted that most laws have titles, descriptive of contents. And if a law contains a statement of aims, there should be a reasonable relationship between the main body of the law stated aims l Clarity and inner consist- ency are tyP All the recent Massachusetts State rY Codes empower pub- s to property owners, whether these be owc officials to g ive order space. These orders are given in writi fl , us or leasers er i£ ed Tai ap in writing, usually by certified mail with return receipt. In the same envelopes, there are written threats as to what will happen to addressees who don't obey. As stated in the codes, and in stan- dard stationery, the recalcitrant addressee evnoses himself to emuch as "criminal fines" of at for each day of non-compliance. five hundred dollars, such fines cannot It is true that , as I eventually court.urt. out , t be levied unless sanctioned by a court. I7ut that is not stated in any of the stationery that I have received. tech of the mailin anpears as a definite instrument of stateeRserrvitude, only somewhat modified by the Possibility of hearing a The principle of state servitude is a major point on which the codes clash with the ithnthet spirit. It Amendment,vthoughcthis is more particularly, subject to interpretation. I am well aware of the fact that society has widely accepted civil aviation, and other danger- ous Princiele of state servitude with resrect to safety precau- tions o in nuies. rower With this have fus her on, th Wi tats I s ar quarrel.codes apply the same princi- ple on, the Bay State's sanitary to quite dissimilar situations. ly, State Servitude is N°?° a" Road to 1'�'osnerity. Pietro based on Mil minds have been bedazzled by the Soviet Union's supposedly autonomous and rapid Progress under a s. because state servitude. Buthithith no claim than ebedazzlement, the facts don't agree In the first Place, everyone then ideaath has was alhoted into back arly in- cluding a hopelessly backward agricultural society. Rut that was a gross Tsarist Russia had quite advanced industries, cluding factories that Produced Rossiai-designedz eutomobilesland airplanes. In the second place, S.S.C's, by MYR, March 1991, page 4. the Soviet Union's industry, as well as the larger oil wells, mines, and forestry outfits. In the thidird n acF, when by a combination ntoikn of third place, when a revival took place, during the mid-1920's, foreign aid and abandonment of state servitude. reader knows that capitalist countries have Today, every newspaper l billion dollars. ee hav found subsidized to because to the tune of u were made in we wd that our bavekn of the current un es, indeed,there; we would never have known. Those subsidies, in reference to the Soviet Union has secret. ae xspondi meant to know about them. The corresponding t. Tg refrre, generally known that catital- 1stn better countries, r. rose ted it isn't g from 1922 to 1927 ap- presented mainly ''° Germany have mas- Srt maely, and by the U.S.A. from then onwards, ap- proximately, and mainly mas- sively Bolshevik the Soviet Union. a basket case in 1922; it The thlth cone tiate was econonically of Economic heavy-hand- ed in that condition mainly because of labor unrest and heave, -hand- reoived ld communist, experimentation.a eu Lenin's so-called New - licy, which meant a return to a competitive market economy, German investments y of many of the from for massiverGe. The Treaty late in sel i9 01s,Russia, led to a revival t industrial and ones. By had reached as a result, equal to those of 1911. reached Stalin's Ft levels plans, which achieved higher levels, wweheAm- erican 9tlY f's Five-with plans, engi- neers, in many cases with American managers, heavily financed with American capital• e e , snecialoge. and market organization. peeI e,have deem deel workers, give this outline of the Soviet I hve deemed it necessary that 4 cey would s state keen wasn't punctured, some neo_ experience because I believe that if the myth of successful work well. It thinking in that country thieriha that state servitude not only can work, never has, and I submit that it ne to housingL in Massachusetts,ex- pect it to do any good as applied whether owner-occupied or leased. A study o the cox of s the il_ The last three usucces- sive are A study of the codes is bedeviled by ground.fact that four eucces- adme ones cover more or less the same other.based on a stiAUlation almost care alas et content with regulations, section They are all Departmental reru c>,apter 111, contained in instructed.nstre to General Laws, 127 A, which hich might include Public nimum Standards of Fate a sanitary code, Fitness its y Code,,Habitation,h h and enacted act a for enforcement. earlier , A Sanitary Cdde, as to co been moe l few, with that instruc- more or lees, Secretary of State in was then amended so as to conform, qualitative and quantitative norms msgas Coon. The amended code was filed with the .tor do, human It contained whether 4 to how ouman dwellings, whorhsr bwier-ly weren't meant to apply but also to pre-existing buildings. to be consticonstruction,no'me obviously poe- Thly to new O Article I, Section They thus violation of the eU.S. Constitution's facto legislation, 9ilBy v enforcement, the code provided for the insoec- t. n the wa. of as deemed necessary less than ten dollars. lion of areas and)or individual buildings, were stated in The not more "criminal fines" s , per day. and not morn than five hundred dollars, more this code. section 127 A provided for a fine of no G.L. c. 111, it is thus doubtful whether than five hundred dollars per offense; S.S.C 's, by MVH, March 1991, nage 5 (revised May, rin1)this the code was compatible with tPeidea icforovision sonrs a.ise oant. Besides, in that prevoliti, in a way that later codes did not repeat to that event,demolition,theCo, by a court ruling repeat, In any event, Lhe Code was emasculated b, which "Com. V. Haddad (1974) 30R N.t. 2d 899. 164 Wass. 795" • established that "Primary purpose of state sanitary code is to prevent violations rather than to punish past violations as cri- minal offenses." contained A somewhat different code was passed in 1977.the same andretainedvboth their ea Fostr facto character and andr their per diem fines. However, a different enforcement Procedure was intro- duced, inasmuch as tenants in rented quarters were empowered to compel inspectors to cake visits, and a visiting inemeoter was compelled to note all substandard features (called " vi them "violations") ,tions") . and to order owners to make corrections, and to prosecute under certain snecified circums differ ant version of the 1977 In January, 197x• a slightly still mother• code was put into effect, and in October tenants' in ,still a o and the latter (105 CWA 410.000) , inspectors' obligation to visit, are stipulated in clause 410.820, the inspector's obligation to note all substandard. features in 410.922, and his obligation to issue orders in 410.830. . His obligation to prosecute under certain circumstan- ces is implicit in 410.R54 in the and refer to 105 CFLH 410.000. Code numbers te same g exist in the 1977 and 1979 However , the same Phrases, roughly, versions. Each of the last three versions contains a somewhat ambiguous relationship between its title, subtitle, and statement of aims. The terms "Sanitary Code"and "Minimum S taeda Standards of fitness or of Human Habitation" are prominently stated, is "to protect as subtitle. A main purpose, uniformly the health, safety and well-being of occupanttss.�eynonvmons with The terms used in title and subtitle eomnelle ng legislative each other , but then, there isn't any reason for stating them both. A9 to the last words thetstate- ment of aims, mere well-being any of the other terms. It is doubtful whether the more recent code-makers had any sea con- cerns.to include the well-being of occunants among G.L.c. 111, section 127 A exists in several versions; I have looked at the first and the last. Both mention therwell- being of the general public, but not of occupants of buildings. Code-mkers were instructed to issue regulations for the protection of not health tndt sap of tfeoccuelntselfginspect- ed The buildings, The importance of distinctions of this kind shows up when in- impair the well-being of occupants, but not that of the general spectora issue orders for the correction of imnerfeetions that and if sash cords were in position, as public. For instance, some wi nd o�•�s may not have sash cords, tenants would be more happy they really should be. But the absence of sash cords down threaten either sonals experience, that safety of nspectors will order to know, such cords to be installed. Orders of think they are according o- this type are legal accord- ing to the recent codes, but I don't to G.L. c Ill, section 12? A. S.S.C 's, by Wen . tar , , . The recent codes are full of clauses that obviously address themselves to tenants' wellbeing, but neither to tenants' health or safety, nor to the general public's wellbeing. I wonder whe- ther the codes shun be invalidated on that gro ground. fuld. mrkes l Standard enforcement stationery (s - s Code of the int;milating nature of terms such as Sanitary HumantHabitatio al It is as if enforcers for orcers deliberately aimed at preparing landlords and tenants for the occupants'f fines" is Hers, justify stated later in the pa also included, as if failure to ,r of ect it were enoughcas es as those fines. I think the whole nrocedure acts in many libel,may also violate the lEighth lConstitutional Amendment's s It strict- ure against cruel and unusual punishments. Considering now the codes'hat are those e wording,te while disregtandagrdsh of Fennel Law instructions, One of them says that every outside door for covered Habitation"?a screen Another , that acr een door (410. 557) dvor mroo be swerve wiwh a or windows, whose total area is at every room mth*. have a florw, or else a ventilator must be least le of the r0). floor area, to how installed (0.400).). Aar there o- rules normal meanings ofgwords rooms Chet aren't en't.40ni m standards fitness for human habitation. these crul't eiarue nt withr quite good logic, that if a dwelling It could nt r be inhabit human beings, then that alone proves is fit for hum inhabited by is best for it fit for human habitation. really. Speaking of health, what kin'' o housing, in igloos, it? Eskimo es have been known to live quite healthily and Tuaregs in tents. o version, it is stated that the On the flyleaf of the 197 regulating it ing tatedy. ant that is much of misleading,of Public of the is the but rather the show. I is wiy-, tf the isn' t that regulating agency,agency,ng the show. In a way, there isn' t say a mechanism that wildly strikes about. The codes protect all occupants aganistd hreatsion their mele s to being. But a landlord would dearly between different categories of oco:nants, such as tenants in tenants in poor standing, and intruders. good standing,explicitly stated that an occupier doesn't have to give It is ny kind < calling the inspector his landlord 82 ). N any tite of petorg required of an impending din is the inspector Liy r n not , the first notice of broken window or of an i o screen that visit. Likely lln as der , certified letter -,:hose text , whatever its itse merits`, isn'thdesigned the to build up his prestige or self-esteem. As further examples of the cotes' spirit , let me mention that landlords are re:iutre'i to(orw6le snot utr therea to any st inst all the titans' garbage protected sated limit to the viction And increases as the landlord may such retaliatory e se !tion 1p) , whereas the landlord want to enforce (gains. 1R6,t isn't protected against a tenan7's action taken on flimsy grounds for retaliatory reasons. And that t ed s maed sot elimination of ctc m at a i meuc end ael en a them. Until about three the saying g was that cockroaches be fought ; vanquished. S.S.C's, by MYH, parch 1991, Page 7. 6 }rh Such Harsh T-nforcencnt? been Granted that code enforcement isn't tuiimited to the removal of obvious pestilence sources, the procedures of adopted? In a summary of legal remedies published a non-conforming Health, it is mentioned that the renting Reference is made dent is a c.violation 3 A, but consumer cannot see that it justifies the cl im. In n.L event,93 A• claim. In any event, the rationale behind consumer orP eo likely to laws is that n some pcts, thatr are caveat emptordrule might lead to contain hidden defects, that are readily injustice. However , that doesn't apply to features. such as the size of rooms, window area, or th= height of ceilings, visible to protective tenants. Some code provisions, very reasonably, are designed to ensure Proper maintenance of basic structures (a10. 500). over 0). Bat purtose 1. IAit that pur isn't served very well by crac' ing heads. I shall touch on this subject once again later. Some clauses make it difficult for landlords to a10.620 and cut take shortcuts o eviction, by disconnecting •watertines amp. such. such, in a d 910.750) . But eviction is a situation to be dealt with as law and institutions that take account of landlords' viewpoint as well as tenants' . All told, the codes are full of provisions that aren't comparable to those that apply to nuclear power plants or civil aviation.code enforcement should be allowed to is stit to see why sanitary-code servitude. unjustifiably constitute, in fact, state The latter . un.7 extolled, may, or may not, be a violation of the Constitution's Thirteenth Amendment. _7 The Codes 0£t en Mis lac Mlit ati s"' no pro- were caused by tenants. Despite ntv I have on two occasions me, known that violations" noted by inspec- tors, and held against c tests, I was ins that I had to do the I could proven tenantshtoehave been at. the inIpco lr added that ac been at fault, I could take civil action against them. But that was cold comfort under the circumstances, As I see it, tenants who break screens and windows should they do. Tx- cent, at in the case of windows in winter. Or else, since least be castigated by having to live with the seodad be they required. x inspectors of course, they inepec tore wield such enormous rowers, "Nothing in sometimes use then against tenants. G.L.C. 111 , section 127 A contains the following: the code shall be in conflict general or of responsibility)for But I think that the can lets screen doors flan in the windhtillmthey�break,be in leave garbage in hallways, or otherwise create code "violations" for which the landlord cannot effectively prosecute them itenants If somebody - perhaps an anonymous person - then offending lls the inspec- tor, and he goes through the usual routine, against eviction and rent increases. wonder how are afitsc wit ag t. general or special that fits with the above-mentioned ti pant g I got an extension of Only once have I decided to appeal pahall inspector's orders-to the Board of Health. As a result of my steal of any of the orders the time some of for h corrections,e but no r orees given, some of which were ober e-e act edl there. np with the impress- ion that no justice was to S,S,C 's, by MVH , March 1981 rage s. 8., -Enforcement Methods are Haphazard and,'_nfxir. as I tre- During the months of February and arch this year , pared this Pater, I asked several C OandloIdalhat kind a of f petperience they had had with State Sanitary those to whom I addressed myself answered that they didn't know that any existed. Which means that enforcement is nowhere near universal. Not be- cause became acquainted with the new codes e centers, nor be- cause my nrotertiea were festering be- cause of general unnonuflla itynwith teenants that standing with te- nants is fairly good, the g.atevine in about half the cases. I get new tenants through Iawas naive as to what the wBoard n ofe Health iwas a all about. cro- Case 1: In the fall of 1978, tenants at apartment perty on 50 Hawley Street told me that thire were ereocockrotheir kitchen. Without further prodding. of A extermina- tion job, which job, Id took a lot of posters, and someeframedntic- te part of the .Sob, I found cockroaches behind some of tut es, off the kitchen walls. them, and killed them. The kitchen of apartment 7 is located below that of apartment 4. to let d spray,c and put I inspected it in tenants' tresence, and found a few coc_aoac es there. The r, i tenants were quite willing I called the walls roach powder, in a few Places.TBut as posters on their walla, I told them to take them off. They t for the to to of Health Inspector, to get his suwort with teen ecE to the poet- and ruled that it was aline right was there, he looked rost- ers. posters tars. However,keet dostnrs on the walls. - ow- „ Which he treated the around, and found a few code "violations_ regular way, with which I later tenants familiar. apartment A Case 2: In January ol had installed a water bed in of my arorertn on it Holyoke treet is apartment, without o mr a cellar. or consent. to the titian about the structural sound- is located immediately over a cellar. Inspector's office, to get an o Hasa of it a11. The inspector and I met on site about an hour later , and went together into the cellar. He made some ambiguous He added, casually, that he was a statements about structural soundness. 'hen he suggested that thWeR he ought to talk to the ell ass. Inspector. Health Inspector as well as a building upstairs, and talked to the tenants. And while he was there, he took the opportunity to note a few aexneriences, These I stories may seem funny,ri the time. in then, I derived a countervailing into ate Sanit from yC my in the ahane of insights into Ray State Sanitary Codes and Iiorthamo- ton enforcement practices. Thy object's market Without Comrensation.Ple or dis- pleasure objscE s attached to it. pl eForr i st may e be firmly and a contractor instance, snnoose that a contractor ham b4Mlh80haeb,autiful identi- cal homes, A, B and C , in different locations. view over a lake: B and C were sb built nr more eacoemonusng settings. m¢- equal,l-s ell mast few years after construction,ner C. ice C tarsal is dumped near C. All other factors being Kaye had e had to gankwith price it along. And been reduced by that may have had to begin material. S.S.C's. by Milli , March 1991, page 9, By application of similar g r lo€ic toeaprtvarious e buildings in the insulting language valu The same,dofuourse, is true of all theso here indignitieeild'h imps- heaped on landlords by application of the codes. As long as the codes remain unknonnttohale been a ccomtar bite small number of landlords,the value reductions may exist only in enforcement machinery, ed in the evaluation of their own minds. But when ought do it the basis of what would a ed bl ,barmen if he were or nearly so. predictably est that htpbyn is it were applied the value reductions engendered I suggest that ny such standards,re by the codes'argued are only present landlords know It may be erto effects on about those features, while prospective buyers don't , market prices cannot be entirely catastrophic. Present owners might sell to ignoramuses, and be all set. But I think that, by virtue should consumer protection laws kind decency, as on eciga buyers should re informed, be ciga- rette packs. else, sales of code-violating piceslwould bePlikely forbidden.en. But t if this were eons,, nroperty to drop. The magnitude of the dr on would be a measure ranEice loss suffered by landlords as a re`ul'. of those revolting p Are these considerations too abstract? Are they unconvincing unless firm statistics are attached? In the nature of things, re- liable statistics cannot e male. data are affected intangibles affected by too many cross- currents. currents. So much for the actual or potential effects of emotional fac- tors. Now to the economic effects of actual inspectors' orders. To get a good gran of this subject, it is necessary to recall that over large parts of the Pnited States, and certainly o most of Massachusetts, the cost of creating new apartment build- ings has for many years risen much faster than ordinary market rents have. There is now a yawning incomeb. This is reflected in the building costs and corresponding incomes. This, rental units fact that in all areas except the most probably also the eventual aren't built unless the builders, operators, are heavily subsidized by public authorities. Insurance people are keenly h the'fact that discrepancy between costs benefits, through us al- than their market values. blocks are usually ;mach higher Over much of Massachusetts, even the remodeling of apartments has come almost to a standstill. As seen efrom a business stand- ooint, hardly any is worth doing any are Some of the most reasonable-looking inspector's ordersCanemlc therefore millstones around landlords' necks, inpurelen 't now. terms. They might have been reasonable in 1960, but Besides, even if an inspector has sound ideas as those t that jobs are worthwhile, and wants to order only th isn't really don't impose too much of a burden onFthetlandlo d as formerly ally allowed to exercise such restraint. and to me- tioned, requires him to note all visible shortcomings, der them corrected (410.w22 and 410.810). There are situations in which, if inspectors were to apply the codes strictly in accordance with their letter, enormous losses would be imposed on some landlords. This is especially so in regard S.S.C 's, by XVH . ?larch 1981, rage 10. buildings that have windowless internal rooms, wierelit isn'ts, Practicable to provide them with skylights, er and other such, that the codes really demand. I don't the enforcement has ever been made in any such case, but hangs over some owners' heads like Damocles' swords. Throughout the years, public authorities have followed policies designed to prevent rent levels from rising as fast as housing costs did. That 's the m.in reason for the afore-mentioned ina value be- tween construction costs, or remodeling costs, increases. The two and the constructions of subsidized punits,twhich of rent control, general rent levels from rising as by their competition prevent g. fast as they otherwise would. a typical example of what in The latter practice is, really, That term means the corporate competition is called "dumping."at prides sale of t.mD msiigs or generally considered an unethical practice. full cost. Dumping g y 1n internation- Slmeigscountries have laws Agreeeseentt others and Trade forbids internation- al insofar the General Agreement this is a it insofar as international business is concerned. digression from my gain subject. Among Public authorities' tools designed to keep rent levels down, there are various Practices that strengthen tenants' bar- gaining position by tilting scales in tenants' ftvos catvor, land- lords. The Bay state's Sanitary Codes belong feeling and econo- OwnershiP includes the elements of control, have tried to show mic benefit. In the last several naragranhs, that the co3ea reduce owners' economic benefits. Now to the other elements. vs deprive owners of their property Although the codes don't alwa, deeds, owner feelw entirely like an the codes the hg more. Actuallyy if his unlikely that it would be inordinately expensive to bring hi p is an old building he may fear that it will be taken away from to code standards, him by anPlication of those "criminal fines" of up to five hundred dollars a day (410.910). As to control, it is obvious that a combination of antagonistic tenants and robot instructors manipulated by them does denrive the owner of some measure of control the board, so does disci^line. As control and Prestige go b, The owner is the Proper person to decide how cars should be parked, and at what hours the main doors should dlbeulocked. Fis worshinlre- gard to water beds , loud music, and be final. But some owners, at least , find it difficult to assert their authority after City Fall has branded them as criminals, for run Allgofnwhicha servess to n strengthen the assertion that h at the codes xProtmiatn represent clashe absolutely with the wording of the Fifth Amendment's thy suggest that they clash with its spirit. last clause, but I Bugg 10. What kind of Are Landlords? Generally, meanie can be divided according to whether they are leaders followers, or loners. The borderlines between these categories are far from clear , but the categories are neverthe- less useful for general analysis. Very few landlords are followers. A follower may inherit a S. S.C's, by ?418 , March 1981, nage 11. property, and thus become a landlord, but this is exceptional. The vast majority they don't easily accent being pushed around. If leaders. being so, he has earned his If n encelory thrift,ft , hardd his own estate, by thrift, hard work, and Probably business acumen. He knows it , and cherishes his indeuendence and age adds to Most landlords belong to the older ag e their insistence on independence• income nr perry because A great many landlords didn't buy they enthusiastically accented the .joys and sorrows of a landlord's lot, but rather because for several decades, rental property has been one of the few possible ways nver ing eca italeintoyin- of ng o come. Before the First World >ar, bonds doing that. Savings invested in bonds would generate an interest of about five Percent, and inflation sn't emsc so that croblemI During the inter-war period, conditions wouldn't try to generalize about them. But after the ;econd World War, interest rates on bonds - and on savings accounts - have for long neriods been no higher than inflation rates. On the whole, interest rates measured in real terms were clossedtohzero. PPeopple who had accumulated a fair amount of savings, ao sonably handy with tools, were therefore tempted to ofrea reach for r the fair-sized income, and presumed inflation hedge, taw property. Which they could intss do under the old laws. But new codees,, ma which on rout' a hMost.*lp on that are keenly if not on others. Most landlords are keenly awzre of the amount of adverse pub- licity their class has received for generations. Thus, Adam Smith wrote in terms of those who reaped. they eadano whe- ther Be mostly had rural landlords in mind, caret land- lords they were one kind or another. Rousseau ranted against with Particular bile. `specially against rural ones, but to with most dgesl against the owners of theireparticularn rbandwel- witg grudges dwel- lings have followed suit. The basic role played by urban landlords isn't difficult to understand, but few peole do. Landlords are people who at one ell as time saved, and who administrate their own loan as well aasr gs others'. Whenever a bank grants a mortgage of income Property, it accents him as aanadminnistratoe of other people's savings. Landlords as a class, they manage, have financed all the apartment buildings that ex- ist they ist in the free world. Which is a far cry from reaping did not sow. I have only known two Board of Health Inspectors. Judging tbyt looks, they must have been in their there is, generally,ogu close inspectors must be young, and lye nation's relationship between newfangled social between then two is entirelyd accidental nAnartthink ro h theoBoardhofn Health, I have visited several new social service offices; y are staffed almost entirely with neople in their twenties and thirties. Landlords are basically taxrayers; insnectors' salaries are paid out of tax revenues. How, for a youngish tax-supported Person to impose himself on a self-made older one who cherishes his well-earned independence, S.S.C's, by MYR , March 1981, nage 12. and try to convert him, by threats and trickery, into a state ser- vant on his own land, and humiliate him in the Process before his tenants, is to play with dynamite. 11 Are odes Soc1a11 Constructive T ar During the years ked asan economist and sta- tistician in underdeveloped countries, I occasionally fcame seemed to against situations in which hard statistics sseemed ed by any firm course of action, whereas commonsense, data, Powerfully favored another. As an example, let us assume that the government of such a country imposes a tax that, in practice, is levied only on foreign investors. That tax does bring in some revenue, which appears in government accounts, and constitutes hard statistics. At the time of the imposition, and for the next couple of years, nouforeignhe investor goes bankrupt, or leaves the country, tax. However , commonsense n that foreign some hei cosntrn, who probablywoldhave established themselves in the country if the tax had not been tmptstd, mist have been scared ared away. But it is impossible to collect statistics showing how many, nor how much capital they would have invested. Britain's A few years. after the end of the Second World War, Labor Government imposed a tax on the London capital wa rseatlsti- international transactions. The revenue, of course, cally measurable' But competent observers predicted that the tax would cripple the market. Those Predictions weren't based on any direct firm statistics, but they were substantially correct. A debater confronted can of course drop S who doesn't have hints: "Taxes oil any firm m data of his own, foreign investors tend to discourage not entlal ones" , or "such a tax will cripple the City's capital market. pi pion Anyone wh Predicted t catastrophel,bhe will himself a do so ething to bring drone that having it about. p specific personal hints about the Codes' I cannot very well drop in the Morning negative social erects. But I can mention a couple of relevant Massachusetts, on 'Sarch 21, 1980. The Senate newspaper articles. Such as the one that appeared of om Springfield, Banking Committee ms the U.S. e Congress had whojust had been hearings called to testify , se Problems. A Prominent pbe America's r e stimulation th testify, said that the 1oth'r will be gons "decade the housing trials." "e and others male suggestions of new constriction, and for the Preservation of existing stock. apartment buildings and conversion to condomi- niums."witness talked in terms of saving pr sent a,- "from iu s abandonment ,same p arson,, demolition, nivma." The same raper, on ,+Pr it 8, 1980. had an article titled: "Landlords dump lost-cause !nits." The word "dump" , in this con- text , mostly means "abandod' , I suppose. The article stated that city planners routinely expect the loss of 500 ape year , representing about one percent of the city's total housing stock. Which means, of course, a higher percentage of the apart- ment housing stock. Some of that must be due to harsh code en- forcement , but no one will ever so eo how much don't maintain their There are many gas the or they attempt as well a list of used is one that ist so to draw e the codes that I think I ought to men_ Ss so directly related to th S.S.C's, by !1VH , 'arch 19P1, nnge 13. then the very possibility of code Lion it: if a nerson owns a building that cannot economically be enforcement en to code keep him from n to five hun- dred will keep him from dairy. any costly maintenance job. . For he will think y, which if levied wills cause him to l,segtae dr id Sollars a day, erty as heican. in short shrift. He will milk il the i property can. Any spars cash he may have will be invested elsewhere. And eventually, he will "dump" the building. Blatant injustice consistently practiced tends to destroy poobll'e confidence in no society isAlivable unless the general wheer to believe it or not , n which call decent people criminals, will make public retains a remnant of lea nett for the government. Unjust lava, criminals out of see of oases has brought some awksard conse- The codes' chaotic genesis t+s and 1960's were em- bodied in the old in the d carried for - by more recent bodied in the old soots, and carried forward into more recent ones. Today, it doesn't make sense to le'islate luxury, large wiaffos, or lots of floor space ter doccupani. " en less can bygone age's afford now seem raze moderately ed are therefore age's code-makers seem to have wanted. The codes ar anachronistic, on such grounds if not on others. 1p Co-onerat ion Pot War. and 1 ore The way the codes offend against common decency, gn as bona fide eroress Ons facts of life, they asnattemptspto improveneither society. the obvious vxptessiohs o. Jyetree, phases of the war waged that they ge-educatedlbureaucrats against those whose new class of co.ltgs - creation of wealth. social Position n stems from collective : There is an element and v self-interest of a Program,war: every new social nis program,, n every job opportunities, and opportunities for advancement , for the bureaucratic crowd. it seems that nature is about to But with respect to housing, waged too mercilessly set a limits s, the gfbuureaucratsf, beingrunable to afford one-fa- mily yahous landlords, young houses of their own, may not be able to pot roofs over the their heads. As stated during the afore-mentioned senatorialsiearines,out- look will be America's decade of the housing brisi because the F ut y even be worse than a ye year r ago, be building con- love neat may funds,- stru tiont won't Massachusetts heavily is esn short of nubile con- struction. And 'asaachns et to is esnecial3Y due to Proposition yz. }ranted that hardly any new apartment blocks will be built, uire cooperation rather than warfare. the emphasis must be on the preservation of older buildings. And such preservation will rtq Bureaucrats must admit that they cannot do the job without landlords' voluntary cooperation. And for that, the codes It be abolished, gesture of conciliation. Landlords, th , if only as a h . on n their side, mist admit that the free-ant er nr lee system alone won't ensure Proper maintenenneed ed , and I suppose they will ma- ce.Sati nubile them n task here to make suggestions for new programs. teriize when the °ed becomes obvious enough. It is not my maintenance aspect of the But it seems clear to me that the S.S.C 's, by MYR, marcu .> , _. Housing problem will provide a lot of job openings, though they won't all be of the white-collar oftype it will get more. Whatever it Whatever a society rewards, punishes, of that it will get less. Today's housing crisis has many causes, including the last forty years's victimization of landlords. The way back rintedethat arduous,the codes should If it is gr;•- should be abolished, how does one go about it? Enough has been written herein about the discrepancy shouldnbeaadded labout the eU.S.LConstitutionald a few words Mssachsetts aspect. The 1 Ot Th C t p Iu 1771, James Otis, in protest against British searches and seizures, coined the Ph rase "A man's house is his castle." That phrase represents the Constitution's spirit insofar as real-estate is concerned. The underlying Am- endment, and formed an sentiment important p a rt of the of the Fifth's last clause. Insofar as Massachusetts Sanitary Codes address ithemselvesntoaowner on many owner- occupiers , they clash n, with Otis' aphomeeo nee by them, regularly sleep if a man and a woman, living in a room with a floor space of less than 100 square feet, that is a violation of all the codes since 159. (10i00fB) ) . I others eosld deem the codes unconstitutional for that re=ason, Incidentally, it is in practice impossible for a landlord to find out how many people live in an apartment, or what rooms they sleep in. Which throws an awkward light on all the codes' prescriptions about floor space per occupant (410.400). The codes implicitly condone anonymous denunciationsA(410.9hae) and I know of a case in which the acted on one. But ontrolt to tenants or other people Amendment. By thus remov- ing handing the codes have estab- lished cd na dl from owners ec and public authorities,s diffid l dangerous precedent. f it is allowed nt stand, or others, from hant n prevent authors of other codes, from handing control of private property to unspecified non-owners of who aren't public officials. Results would be unpredictable; some them may be unconstitutional and difficult to stop. they could pro- Insofar as the codes refer to apartmenttfhoeses to any of the above- mentioned not be deemed unconstitutional by by reference to th, thenEighth,directly.theoThirrteenth. But they challenge them, and the Fifth, the and fnAAmerica's ricashe u Constitution's nFathers had known of nuclear power plants, Ir f , Fouus cg aircraft, and vicious chemicals, they might have tolerated dents in the Constitution in order to have them controlled. But I don't think they would for the sake of innocuous apartment houses. Conclusion: I ask that the Massachusetts State Sanitary Codes, inso- far as they set standards for pre-existing human dwellings, ee•wie- clared inoperable, for being unjust , mislabeled, basic laws, and probably contrary to society's best interests. ?'ND OF SmAT=M'TP" OF REASONS. To Trial l Court of the Commonwealth, District Court Depart me nt , Hampshire County. From: 10 ens I. Hermann, Hawley Northampton, Massachusetts, 01060. Date: September 25, 1981. ^ I hereby ask that the Commonwealth' s case against # 1178, be dismissed, inasmuch as I think that the Mas- sachusetts on which the case is based.Z State Sanitary not duly supported by based, is unconstitutional,a, sachu3etts General Laws , and grossly can-statesr^-snlikP. In the last resort, this my notion to Dismiss is supoorte'LL by my Statement of Reasons, which I Piled with the Clerk of Courts of this County one sa 11 this h it , year. However , granted u taps, inconvenient as a submission to Trial Court, I have decided to work out this shorter exposition of my rationale. have lately The uresent exposition contains tcommentaries ,at av s come across .be consideredaas supplementary to my original should of Statement- that ,,,, strongect cart of my criticism I believe then n-- Sec- tion in the fact that wcismao the Code is the one M.G.L. or. 111 Sec- ^ pmts to be based . o^. . beyond _'y mite too Code 75,tt and the t toes , in fact, go far e., by that lchapter and section. 1 sect 127x) The ling statute (M.G.L. ch. 11 , 27 V enabling_ 6 rohibit condit'ionsu that adverse the code-makers the to prohibit affect t!:^ "-e health and 11-be ins of �' as expressed in one place , and °t the bl cono:eaa o also , to outlaw con- another. impair � dit oP "the public" in materially ' p the ncalt._ ditions. that "endanger or the premises . " aiy argu- ment safety on of persons occupying sir since the enabling statute dedt of this point ll that code-rakers to prohibit con not ns expressly allow the well-being of occu- pants , wit that only impair their health n if lc a:ply e::danger inn their ... in_ or safety,without sir were not mean`. • e el d i suer Code. latter , in a preamble , eluded 1^ the Code. Lut the la a£ety and well-be- purports u 'to protect s the health,i g s e£ the occupants of rousing" as well as the ge- neral. ^. al ptbcon. that conflict yI duct concede on tor. basis of word i•"•s ale°o , between the there isn' t any Indisputable he enabling tat•ute and that "-ate statute taken coverage vi by the provided `However ,' e when account is, ., ve t code . penalties (as detailed provided_wed � +.. Possible of the son) , _, of automatic and inflexible further f^.) , as well as the _ nature~ inspection pand t ^^de(described of perfection, of 11) , and the - g - the Statement of "sJ demanded by some portions of V Cr luxuriousness , nt T., opinion, that In Code , at r hd otop ag - . ohibit the mere im- pairment had no right g of n« Or, indeed, of the well-being o£ terra...... them also. of i oweet o_owner-occupiers, for the code covers of owner-oc^-. MVH to Trial Court, Sept. 25 , 1931, page 2. But that' s what the code-makers did, both in the Code' s declared intent and in its detailed stipulations . While code—ta_tc in my opinion, exceeded the the rt , enabling statute ' s limits with raspec t to coverage , the severity of pcnal- leh l owed the ; eaten non- complying'also did with the Code to r s :..,, ties. The statute with penalties+ °not exceeding f.., .. hundred owners for ys ono .ifs n But the Code , by dollars poi hey "Each offence . " by carrying the phrase "teach daY � s failure to comply with an order shall constitute oa separate oviolatible (410.910) , vastly increased penalties. t the Code has created a situa- tion I read all this , in which every owner of residential real-estate Lion very wealthiest , can be in bankrupted manta, except the ce Y on his or times over if there exists, her many h Code 's specified impairments for property, one of the and if, for any reason, the ownercdoesn't quickly obey an inspector' s order to correct the same. I cannot believe that the enabling statute ' s authors wanted to create suchpaasituation. That ' s what I meant by writing, - i,:asma- graph that the Code isn' t duly judge spported by this take one way &c anal Laws And reference to coverage , the the alter , in r e will One wad � both; I don' t n:1'-n.. •• severity of penalties or it.` .. -. find se wrong on all of bl statute Code-makers were enjoined by the enabling contrary including provisions that are ori- to any refrain gem general special law. As mentioned in =+ to an; g stereo or there is room for ,io'xbt as giral ttaraman'= of Beakers , complied with this to restriction.whether t e code-makers react--Y � s tine limita- Trial Judge tion, It thi But granted a be 'by-passed at Tien, I think that this subject '^aY this stage. ' s degree of compliance or h the thew?ederal Constitution, or its Com- monwealthcounterpart , I think that the Code contains , first of all, elements of ex-post-facto legislation. To illustrate this , lets imagine that ahconstr ctor, Pars ago, created a more building has ad As far as I many years inner room in it , or gal at one time . I happen to know, such rooms were 1-g know of four buildings , in Hampshire and Hampden coun- ties , that recently had them, or still have . But the most recent Sanitary Codes , including the present one 410 .280) have implicitly made the illegal. I think ( implicit nature of this "-assacexae^le that despite the p it is a clear r State Sanitary Code isl tion. I, it can be of ruinous to legislation.at l building that 0.has such a ruinous to the owner of a theoreti- cally in it. same code stipulation, out , in- asmuch is true that the pally st least , provides the owner with a way ..,ith mechanical ventilation. But tnie as he can legalize the windowless inner roo.. dproviding im it F , post-facto character. In doesn' t eliminate the Code ' s lx v_ In practical ter^s , mechanical ventilation would in EVH to Trial Court, Sept. 25 , 1981, Page 3. some cases be preposterously expensive and ciwbrous. The same code stipulation also containsoarotner ex- s Post-facto feature , namely with resp.. do have real windows , if and when the total window area is less than u% of the same rooms floor area. There , again, I don' t think that such a relationship was illegal when older houses were built , but the Code made it illegal. I don' t think I can demonstrate beyond dispute provisions about expropriation, that the codes contain features that are contrary to servitude , or cruel and unusual punisament. the U.S. Constitution P as did involuntary arguments in that direction, as I But I can field ta„ ae°ns. in my original Statement t He , spirit , there is not Speaking of the Craseituntn s only James Otis ' mentioned Phrase , mentioned in the same State- ment. there is also - as I found out later - the fact that the Constitution was founded on the basis of a in turn, was con-strued theory of natural law. The latter, na Carta, common law, ds the exCoested in the Rig-tits. The law, red tee U. S. Constitution' shouldu be°understood not only ac- cording therefore ,is letter,should but g of na- tural to Its letter, but also according to its spi- rit , as in all the understood. parts rural law, wno was one of the Constitution' s tnat Sot Edward Coke , voiced the opinion when intellectual ancestors , be performed, real nn act of Parliament or impossible to bean right d such act to reason, or repugnant, my present be common I law will cat in the he and adjudge "act of bo vond. I prmisme one could replacex the term Motion to Dismiss , and "common Parliament"" wurt systet " Thus v amended, the phrase u makes sense senses to me , and m I none it will be applied to the :Massachusetts State Sanitary' Code . sue, 2 s; i9,', BOARD OF HEALTH CITY HALL COMPLAINT RECORD ry.� Name of I'� i-�_ Tel Complainant O Aw _ Address - 5` e � P�oi'�JOk KiO of Complaint(J ��L Nature -B 6� ...------""'-'- 0o Premises -_ Location Owner - _ Address — Occupant Referred ta.-..._..----"'- --- {1-r14(�'^2 �_ .. ............. Time-- Taken f by---------------..-_ inspection Date of insp�tion ---- INSPECTOR'S REPORT 2 — Action Taken -- /1 Inspector , BOARD OF HEALTH CITY HALL COMPLAINT RECORD � Date_=F-4 j- Time- -- lame of Tel Nature — -2'— -- o.- II _ i Address ZS L ,_� Nature & t-eA—c . ....- Premises $D ��.o_�_..��" Location of /".=--'=--"-'-- Occupant .-_.-- Taken by --- Date of inspection INSPECTOR'S REPORT " u Action Taken _ Referred to.-- i tifa Inspector 4II c ,AAD OF HEALTH L. JOYCE,Chairman C. FCENNY, MD. EEN O'CONNELL, RN. J. McERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 310 MAIN STREET 01060 Tel.Ia13)JIRsonfl 586-6950 Ext. 214 TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIWJM STANDARDS° )F iS FOR HUMAN HABITATION" AT 50 Hawley Street, Northampton, Mass. Apt, 4 (2nd ADDRESSED TO: Mogens Hermann 50 Ha le Yom, Stret — Northampton, Mass. 01060 :S OF INSPECTION REPORTS ISSUED TO: DATE February 12, 1991 Michael Tellyer (siCa - `70/ 5‘ 50 Hawley Street-Apt. 4 Northampton, Mass. 01060 is an important legal document. It may affect your rights. You may obtain a translation his form at: ■ e um documento legal muito importance que podere afectar os sews direitos. tradusro dente documento de: suivante est un important document legal. I1 pourrait effecter von droits. Vous pouvez 3nir , sto - un documento legale importante. Potrebbe avere effetto sui suoi diritti. Lei afecte sus derechos. Ud. Puede adquirir Podem adquirir une traduction e c de ette forme a. enere una traduzione di quest° modulo a: pu e es un documento legal importante. Puede que traduccion de esta forma en: 1 na twoje uprawnienia. Mozesz uzyskac jest waive legalny dokument_ To mole miec wp Yw naaczenie tego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext. 214 The Northampton Board of 50 Hawley Street-Apt. 4 parcel 169 . ), for compliance This letter will certify below, which are serious enough as safety, and well-being of the occupants. Under authority of Chapter 111, and Chapter II of The State Sanitary Code faith effort to correct the following vio from the date of receipt of this order. REGULATION VIOLATION 410.500 Roof leaking above kitchen, Apartment 4. 410.500 Kitchen ceiling damaged by water leak. Health has inspected the premises at Northampton (assessor's map 32A with Chapter II of The State Sanitary Code. that the inspections revealed violations, listed to endanger or materially impair the health, Section 127 of the Mass. General Laws, , you are hereby ordered to make a good lations within twenty-four (24) hours REMEDY Repair roof. Repair ceiling after roof repairs are completed, 410.351 (A) Bathroom sink drain leaking. Repair. 410.351 (A) Two control knobs are missing off of Replace missing knobs, the stove. If you have any questions about this matter please contact the the Board of Health Office, CERTIFIED MAIL.P20_� — Very truly yours.. Peter 0, d plain Health Agent RETURNED RECEIPT WAD OF HEALTH . JOYCE.Chairman C. KENNY, MD. EEN O'CONNELL, RN. 3. McERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 310 MAIN STREET 01060 Td. (4]3)*Jp{y'.}x 586-6950 Ext. 214 TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF ton, Mass. Apt. 3- S FOR HUMAN HABITATION" AT 50 Hawley Street, Northampst. floor ADDRESSED T0: Mogens Hermann 50 Hawley Street Northampton, Mass. 01060 S OF INSPECTION REPORTS ISSUED TO: DATE February 12, 1981 Mar Gravel 50 Hawley Street-Apt. 3 Northampton, Mass. 01060 is an important legal document. It may affect your rights. You may obtain a translation e um documento legal moire importance que podere afectar os sews direitos. Podem adquiril his form at: tradutro deste documento de: ;uivan[e est un important document legal. I1 pourrait effecter vos droits. Vows pouvez =nir une traduction de cette forme a: sto - un documento legale importante. Potrebbe avere effetto sui suoi diritti. Lei pu enere una traduzione di questo modulo a: e es un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir [reduction de esta forma en: skac jest waive le galny dokumen[. 7o mote miec wplyw no tvoje upravnienie. Mozesz uz ]maczenie tego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext. 214 The Northampton Board of Health has inspected the premises at Northampton (assessor's map 92A arcel 169 , ) , for compliance with Chapter II of The State Sanitary Code. This letter will certify that the inspections revealed violations, listed Blow, which are serious enough as to endanger or materially impair the health, afety, and well-being of the occupants. Under authority of Chapter 111, Section 127 of the Mass. 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 twenty-four (24) hours from the date of receipt of this order. VIOLATION REGULATION 410.351 (B) Refrigerator's cooling mechanism is defective. Repair or replace the refrigerator and make operable. REMEDY THE VIOLATIONS LISTED BELOW MUST BE CORRECTED WITHIN 410.500 Several kitchen ceiling tiles are loose and/ or falling. 410.252 Bathroom light fixture is defective non- operable. 410.500 Large quantity of paint peeling from bedroom, living room and from porch ceiling , 14 DAYS Replace tiles and fasten securily. Repair/replace bathroom light with a permanent fixture. Scrape and repaint. If you have any questions please contact the Board of Health Office. Very truly yours, Peter J.� M lain Health Agent RETURN RECEIPT CERTIFIED P!ASL P20 31 — CHAPTER II STATE SANITARY CODE _tiev a / c1 Occupant's Name JD / '� Units Ik 0 Stories_ 4 of Dwelling upats 11 Apt. 4 Bedrooms .ructure B F M 4 Habitable Rooms Address of Owner room 410.150 between 1200 & 140 n Regulation .190 :150 .150 A 2 .150 A 3 It cold water .350 A Violations ion 350 connection & drains Violations then 410.100 sink sufficient size Lid 0 ts ctrical litht fixture 3 ate ter s on (window) (mechanical) r (sufficient •ressures is Violations .iving Room ts (2 or one with light) ing n Violations Pantr or Dinin_ Room ets (2 or one with light) nog LI 3r 0 eens ks .480 Room #1 Re_ulation Violations cn: natural li•htin or 1 1 outlet adequate occupant? =_.in: Room 02 nt natural la ht s or 1 th outlet .250 A .251 B .251 A .500 .500 .500 .500 e adequate or occupant? Leaning Room 12 Lent natural lighting =_ts or 1 with outlet .250 A IS IS ere adequate for occupant? Common Area & Exit (Interior -ior area illuminated >ws ans S s .253 A S B S non bathroom clean Common Area & Exit (Exterio mne ches mdat sirs a:e tters -b ivate 0 ad patnt ,tr 1 i hts rubbish wa s and down spouts ral es working and available ,g facilities good :ad 64 120 to 140 vented ter 1 - •ro.er n_ service ad e uate nd -rodents sanitar :ellaneous .1 . I a�l i pec£ 81 Date :t scheduled reinspection is: Regulation I .200 I, • Date Violations Title Time Time a.m. CARD OF HEALTH T. JOYCE, Chzirman t C. KENNY, M.D. '.EEN O'CONNELL, R.N. J. MrERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 SLAIN STREET 01060 Tel.NmMeapg0( 586-6950 Ext. TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS 0: SS FOR HUMAN HABITATION" AT 50 Hawley Street, Northampton, Mass, Apt, 4 (2nd floor, ADDRESSED TO: Mogens Hermann 50 Hawley Street Northampton, Mass, 01060 S OF INSPECTION REPORTS ISSUED TO: DATE February 12, 1991 Michael Tellyer (s�L - goi5) 50 Hawley Street-Apt, 4 Northampton, Mass, 01060 is an important legal document. It may affect your rights. You may obtain a transla' his form at: e um documento legal muito importente que podera 'fetter os seus direitos. Paden ado, traduce& deste documento de: uivante est un important document legal. I1 pourrait effecter vos droits. Vous pouvez nir une traduction de cette forme a: to - un documento legale importante. Potrebbe avere effetto Dui suoi diritti. Lei pu mere una traduzione di questo modulo a: es un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir traduccion de ests forma en: jest wane legalny dokument. To more Thiel wplyw na twoje uprawnienia. Mozesz uzyskac maczenie tego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext 2 The Northampton Board of Health has inspected the premises at , Northampton (assessor's map 32A SO Hawley Street. Ant. 3 )arcel 169 . ), for compliance with Chapter II of The State Sanitary Code. This letter will certify that the inspections revealed violations, listed >elow, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter 111, Section 127 of the Mass. General Laws, end Chapter II of The State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations within twenty-four (24) hours from the date of receipt of this order. VIOLATION REMEDY REGULATION 410,351 (B) Refrigerator's cooling mechanism is defective. THE Repair or replace the refrigerator and make operable. VIOLATIONS LISTED BELOW MUST BE CORRECTED WITHIN 14 DAYS 410.500 Several kitchen ceiling tiles are loose and/ or falling. 410.252 V.. Bathroom light fixture is defective non- operable. 410.500 Large quantity of paint peeling from bedroom, living room and from porch ceilings, Replace tiles and faster securily. Repair/replace bathroom light with a permanent fixture. Scrape and repaint. If you have any questions please contact the Board of Health Office. Very truly yours, /modem Peter J McErlain Health Agent CERTIFIED MAIL P20P20 31 _RETURN RECEIPT LARD OF HEALTH I. JOYCE.Chairman C. KENNY. M.D. LEN O'CONNELL. RN. J. 1H ERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 310 MAIN STREET 01060 Td.PI61XfO 586-6950 Ext. 21; TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF S Northampton, Mass, Apt. 3-1st. floor i5 FOR HUMAN HABITATION" AT $0 Hawley treat, P ADDRESSED TO: Mogens Hermann 50 Hawley Street Northampton, Mass. 01060 S OF INSPECTION REPORTS ISSUED TO: DATE February 12, 1981 Mar Gravel ' 50 Hawley Street-Apt. 3 Northampton, Mass, 01060 is an important legal document. It may affect your rights. You may obtain a translat = - his form at: e urn documento legal muito importante que podere sfecter os seus direitos. Podem adqu r traduiro dente documento de: uivante est un important document legal. Il pourrait effecter vos droits. Vous pouvez nir une treduction de cette forme a: to - un documento legele importante. Potrebbe avere effetto sui suoi diritti. Lei mere una traduzione di questo modulo a: z es un documento legal importante. Puede que afecte sus derechos. traduccion de este forma en: jest wazne legalny dokument. To mote mid wits.; na maczenie tego dokumentu w ofisie: pea Ud. Puede sdquirir twoje uprawnienia. Sorest uzyskac • board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext. 214 The Northampton Board of Health has inspected the premises at 50 Hawley Street-Apt, 4 , Northampton (assessor's map 32A parcel 169 . ), 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 111, Section 127 of the Mass. General laws, and Chapter II of The State Sanitary Code, you are hereby ordered to make • good faith effort to correct the following violations within twenty-four (24) hours from the date of receipt of this order. REGULATION VIOLATION REMEDY 410.500 Roof leaking above kitchen, Apartment 4. Repair roof, 410.500 L Kitchen ceiling damaged by water leak. Repair ceiling after roof repairs are completed. 10.351 (A) Bathroom sink drain leaking. 10.351 (A) Two control knobs are missing off of f 'F.,` the stove, Repair. Replace missing knobs. If you have any questions about this matter please contact the the Board of Health Office. Very truly yours,s,4 Peter J. McErlain Health Agent CERTIFIED MAIL. P20 3111221 RETURNED RECEIPT )NICCALTS OF MASSACHUSETTS APPEALS COURT No. d2-640 COMMONWEALTH vs . MOGENS HERMANN. ORDER AND MEMORANDUM This is an appeal from two convictions of Mr. aermnnn, a landlord, for failing to comply with administrative orders to repair certain conditions on his rental premises. Fines were imposed of $250 . 00 un aach conviction, to be remitted if the repairs were made within a year thereafter . Instead, Mr. Hermann appealed from the convictions and has argued in this court, pro se, that the State Sanitary Code , on 'which his convictions were based, is dncouetitutional and unenforceable. However ardently and sincerely that contention is pressed, its acceptance would necessarily involve the repudiation of lines of case law which this court is bound to accept as controlling precedent. To some extent Mr . Hermann recognizes the difficulty, as when he urges us to revive the now-repudiated substantive due process line of analysis. Other difficulties , such as those relating to Mr . Hermann' s standing, are ably explicated in the original brief submitted by the Commonwealth . we need not go further into the subjects touched on above, however , because of a point raised by the Commonwealth in its second (reply) brief tendered with a motion for leave to file on December 10, 1982. Mr . Hermann responded with a motion to postpone argument , which was scheduled for December 14 , in order to enable him to prepare a brief in response. At the hearing on December 14 , the Commonwealth's motion was denied from the bench, the reason being that the panel thought it desirable to avoid the necessity for a postponement of argument , coupled with the fact that the arguments pressed by Mr . Hermann in his brief and subsequent letters did not seem to the panel to require further answer. Subsequent examination of the Commonwealth' s second brief, however , shows that it was not intended further answer Mr. Hermann' s constitutional arguments, but was instead a vehicle for directing the attention of the court to a potential defect in the Commonwealth's case not raised by Mr. Hermann either in the trial court or here. to The problem is in the notices by which Mr . Hermann was informed of the inspection findings and ordered to correct certain conditions (A.98-101) . According to a provision of the State Sanitary Code, such notices are required to include a statement advising the landlord of his right to a hearing on the alleged violations before the board of health (105 CMR 410. 832 [B] [2] , A. 74) . That requirement was not complied within the orders sent to Mr . Hermann. The general rule, of course, is that a defective notice is void. See Roman Catholic Arbishop of Boston v. Board of Appeal of Boston, 268 Mass. 416, 418-419 (1929) ; Kane v. Board of Appeals of Medford , 273 Mass. 97 , 103-140 (1930) ; Medieros v. Alderman of Woburn, 350 Mass . 758 (1966) ; Gallagher v. Board of Appeals of Falmouth, 351 Mass. 410 , 414-415 (1966) ; Lane v. Selectmen of Great Barrington, 352 Mass. 523 , 526 (1967) ; Liberty Mut. Ins. Co. v. Wolfe, 7 Mass . App. Ct. 263, 265 (1979) ; Worcester v. Eisenbeiser, 7 Mass. App. Ct. 345, 348-349 (1979) ; Bryant v. Boston, Mass. App. Ct. Adv. Sh. (1981) 445 , 449-450. Although some cases have held that a defect in notice may be rendered immaterial where the intended recipient has actual notice, see Kasper v. Board of Appeals of Watertown, 3 Mass . App. Ct. 251 (1975) , and cases discussed therein, here there is no showing that Mr . Hermann had actual notice of his right to an administrative hearing. It is idle to speculate what course these proceedings might have taken if such notice had been given. This is particularly so where, as the record indicates, several of the conditions indicated in the violation orders were rectified promptly. It is not necessary to decide whether the defect in the notices was jurisdictional in nature or whether Mr . Hermann, without benefit of counsel, waived the defect by failing to raise the point at trial or on appeal. It would not serve the interests of justice to let stand convictions founded on invalid orders . The office of the District Attorney, and particularly former Assistant District Attorney Stephen R. Kaplan, are to be commended for directing the court' s attention to the problem when they discovered it. "It is well understood that the duty of the district attorney is not merely to secure convictions. It is his duty to secure them with due regard to the constitutional and other rights of the defendant. " Smith v. Commonwealth, 331 Mass . 585 , 591 (1959) . The district attorney has acted conformably with his obligation to see that justice is done. The order denying the Commonwealth' s motion for late filing of its second brief is vacated, and the motion is allowed . Mr . FFermann' s motion for leave to file a reply brief is treated as waived. An order pursuant to Rule 1: 28 of this court will enter reversing the convictions and dismissing the complaints. By the Court (Armstrong, Greaney S Smith, JJ. ) , Assistant Clerk Entered: May 3, 1983. Mogens (Max) V. Hermann, 50 Hewley Street, Northampton, Mass. , 01060, August 15, 1986. To Mayor Musante, Northampton, Massachusetts. Dear Sir: I did get somewhat peeved the other day on the dike, as you made it clear that my name wasn't familiar to you. I be- lieve that you should have known about me. See enclosures, namely (1) three pages pertinent to my 1981-83 lawsuit, which I won, after many court appearances as a 'pro se" contender. And (2) a two-page police report re: an incident that took place in December, 1983. By the way: (A) I've cut those branches that we talked about the other day on the dike. You said they should be cut, and so 1 did. And (B) . if You want me to attend one or more of the sessions of the Strategic Planning Cabinet Committee that you have reportedly formed, please let me know. I take it for granted that the called-for "Strategy" won't be worked out exclusively on a map, but will also in- volve a modification of certain types of legislation. Since I am a landlord and economist, who has been involved in a relevant court case, I may have something worthwhile to say. /79 9 Sincerely, Mogens (Max) V. Hermann, 50 Hawley Street , Northampton, Mass. , 01060, February 17, 1981. Mr. Peter J. McErlain, Office of the Board of Health, City of Northampton. Dear Sir: I have received, today, your letter of February 12, in reference to Apts . 3 & 4 in this building. As I see it, I 've been set up as a victim of unending persecution. Of the kind that turns into slavery unless it is resisted. I've found a very good proverb in that regard: slavery is not a misfortune; it ' s a sin. In such a situation, the slave is a sinner, as much as the taskmaster is . I refuse to be a slave. Ergo , I refuse to obey any of the orders you gave me. Sincerely, -1T�12 P.S. , May 14, 1983: This letter led to a show-cause hearing at the Northampton Courthouse on March 3, 1981, and to about a dozen other court appearances here. On each occasion, Ty defense was that the Massachusetts State Sanitary ''ode, on which the indictments were based, was invalid, for being unconstitutional, incompatible with its own enabling law, and detrimental to the Com- monwealth's best interests. But I was convicted for in- subordination on July 9 and October 15 of that year. On November 10, 1981, I appealed the local court's decision. A fee months later, the case became Appeals Court case # 82-540. Subsequently, briefs were written, a hearing was held, etc. By order of May 5, 1983, I got the local court's decisions reversed and dismissed by the Anneals Court, Boston. Meaning that I won the case. The enclo- sures will explain. Edward S. Corwin ry" , Harter and Alfred H. Kelly erican Constitul Norton & Co. , h pp 15-20; also MVH Brief , page 3 , "American Constitutional Histo- .ai 1-7/ /I 4r4-71-' t , 'c7"C dz - G4v /'' It, /7A3. /er v. . .`""`.a. ." B. Statement of Issues. There is only one major issue , namely whether the Massachusetts State Sanitary Code is valid or not. I maintain that it isn' t. Sub-issues: (a) whether the Code , which is a Departmental regulation, exceeds the limits set for it by its enabling law, namely :1.G. L. c. 111 , Section 127A. (b) Whether it is compatible with the Constitution of the United States of America. ( c) Whether the Constitution, or the Hill of Rimhts , is effective , or a dead letter, with res- pect Code to private property rights . (d) Whether the is so vile , so contrary to common decency, and so inimical to the wealth, that it should legal technicalities. prosperity of this Common- be nullified regardless of In terms of my own person, the main issue is whether I shall , or shall not, be compelled to live under the terms of the Code , which I find intolerable . I find it intolerable because its terns and associated stationery generate psycho- COMMONWEALTH OF MASSACHUSETTS APPEALS COURT NO. 82-640 COMMONWEALTH vs. MOGENS V. HERMANN. ORDER Upon consideration of the appendix and briefs and after argument, it is ordered under Rule 1:28 of this court that the judgments of the Northampton Division of the District Court are reversed, and the complaints are to be dismissed. By the Court (Armstrong, Greaney & Smith, JJ. ) , Assistant Clerk Entered: May 5 , 1983 . It POLICE OFFICER'S INCIDENT REPORT NORTHAMPTON POLICE DEPARTMENT mg and Entering E OCCURRED 03 approx noon ODES TO BE UvEDC$EEL W IN BONE MlA"HKEp.pODE.T INVOLVED PARTICIPANT daytime/vandalism DATE E. 'MME REPORTED 20 Dec 03 1553 la's 'PINGPAL PARTY'S(OR FIRM'S)NAME CAST FIRST Hermann, Max IDs D Omer LAME.ILASI,FIPST.M Janik, Mary ON 1D NAME (LAST.FIR D RACE RACE AGE RECORD 01 — 97 — 27 ARREST • LOCO Xs 37 Holyoke St DA`E & TIME CL THIS REPORT 20 Dec 03 1800 hrs RP REPO f:•..N.: PART r Date ni Brit DCDISCOVERED CRIME RESIDENCE ADDRESS 50 Hawley St N'ton, MA BU /NESS APCRESS ISCHOOL IF JVNL 37 Holyoke St RESIDENCE ADDRESS 37 Holyoke St INC CODE .05 LOCO 31 wrt AL REPORT ❑ FOLLOW UP REPORT cHEb F MORE 5'JPP_EMENT RESIDENCE PHONE 6-2609 55 PHONE MEM T NO I (LAST.FIRST.INITIALI see report 55.CLOTHING&OTHER IDENTIFYING MARNS&CHAR rr NO 2 (LAST.FIRST.INITIAL Se TERISI CS 5S CLOTHING&OTHER IDENTIFYING MARKS&CHARACTER IST ICS OR YEAR MAKE . MODEL SODY STYLE DE ENTRY❑ ROOF ❑ CELLAR 111 DOOR❑ WINDON � )NT ❑ REAR ❑ SIDE ® LATCHED a uhLOCI(tL '_ EY"L rFE R^ COMPLETE ALL APPROPRIATE ITEMS ABOIE AND Dz sCRIPE IN'. Race Pare BUSINESS ADDRESS ISLMOOL IF SJNLr Age RESIDENCE PHONE Date cl Sr' Arrested C Yes ❑ No 55 , Dale o1 B ®® FE ATV DESCR:P-ION 0 N . CLW_:MENT 5$ , a Cornpe. n Arreslec ❑ Yes ❑ No Console "[LCVPE SENT DYES DNO On above date and time responded to mee k me to a garden area to the left of the d some dirtied and damaged. '.PE OF ENTRY 0 OPEN ACCESS �'` CON51RUCiRE NOV5IBLE FORCE 0 FORCE TOOL ❑ KEY AC1 ION Tort EN Ks;or USE SUPPLEMENT I F SEOESSAPHo Holyoke St. Be r Hermann at his property at 37 ly house, and there pointed out books strewn He states he is the adthor of the book "TO START A the groan , r CIV1LIZITION" and he kept 240 new copies of this in three boxes if; the third floor attic 37 Holyoke St, a part of the house which no tenant is supposed to have access to. Now all J copies and the three boxes were thrown about in the garden, each book value $3.00• Exam- CONTINUED^ SUPPLEMENI ANP anon of the house shows there is a front door, unlocked leads to the SSK$+AT rRI SE STATUS ACT NE INACTVE UNFOUNDED CLEARED [HEREBY CORR ay RE GO FF ICE N A'THE CON EN150E F HIS BFPDR ARET OF KNOWLEDGE AND BELIEF SECONGJEF'CI i1cA-2_ rift side. The common stairway leads directly up to the third floor attic door is left unlocked. that yesterday at around noon time floor right, who tells me that Y Janik 2nd fl moment, after tenant Nary the statirs, pause at her door a into the attic and rummage around. They after she was home and heard someone come up 'fled the TV up, and then she heard them go up any knowledge of the book eke to all but McCarthy who wasn't there. All three deny how could they zdalism, and Galani repeatedly said the attic's on the other side anyway., at least had eonowled�e of their e_.xistence. J there so it rs they r. to keep peace as he nn icked up as many salvageable books as he could as I stood by Herva P left in the garden, and total The rest were yge would exceed- its. Name Of ComPla%nant Address Nature BOARD OF HEALTH CITY HALL COMPLAINT RECORD Location of Premises Owner Address - OCCUParrt Taken by Date of inspection INSPECTOR'S REPORT et erred to Time "Deans V. Hermann, $0 Hawley St. , Northampton, Mass . , 010E0 , January 27, 1988. 8r. Peter :?clrla.in, Board of Health, City Hall, Northampton, Mass . , 01060. Dear 31r: This is in sequence to our phone conversation yesterday. As T_ recall it , you averred that the fanning motor in the furnace for apartment 3 is run by electricity. I myr room is heated hated by the same furnace endr since the since air flow is Pushed by the same fanning motor , the whole setup amounts to electricity going out, indirectly, from apart- ment 3 , an that something is wrong with that. I called that far-fetched, and you agreed that tne ar- gument is , in legal terms , a ":}ray area. " Now I want to enter an element that I didn' t mention yesterday , but which I consider to be very important. Namely that as the occupants of apartment 3 ('-Mr. Dris- coll and/or Ms. LaRosa) approached you in this matter, they didn' t do so, simply , in quest of justice , but also, at least in part , as e. sequence to a blackmailing scheme that didn' t turn out to their satisfaction. On Sunday January 24, I had various interchanges with those two tenants of mine. One of the communications was written, as you 'll see from the enclosure . All told, they wanted from me money , and e. valuable non-monetary adventa?e , equal to about a. thousand dollars. They threa- tened that if I didn' t nay , and/or si=n this document ( enclosed) , by January 27 , they would force tne Board of Health ( i.e . you) to take unpleasant action eg=..inst me . I refused to satisfy them in any way. 3o , I want you to know that if you rursue this ",grey area" business of yours , you' ll be playinr the role of enforcer in this unsavory scheme of theirs . I sucgest that the whole scheme be submitted. to en impartial mediator of some sort. I am not unwilling to pay them something, but I would hate to abjectly armear to fall for those gangster-like methods of theirs. Sincerely , /yi cr9,e--c-' a Coy to Brian Driscoll end. Sandra LaRose . — — - --- — -- ---------- - ____T_______________________ y% , `mac - .. DOS-v q - F-- -i2s -Cr-V-2'71 / --? -)42 7' ��per P- n2� )— -- r- � ✓ Zi '' - J / i - rz' �n it tG� ' ' 7/ r ) 7 inV ----rn-7- i 7_I , 1 r _ / th, , r7, / ,„Apvit,„-„i 721%) Yr - - _ I / . , - , � i � 'PC , te /7/777e/ `�-79 - . yTh in 7,i 7 ,70,7, 24/ "vf� -Q v .,---)Z n( pz4 - -' ' 6„to .emu igA be, F HEALTH 2E.Chairman NMI.M.D. PARSONS 3iLAHt.Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH NOTICE TO ABATE A IVUSSA/JCE DATE: April 22, 1993 1DDRESS: Gary Warden 91 Chestnut Street Florence, MA 01060 MAP: 210 MAIN STREET 01060 14171596-6950 Ext.213 32A PARCEL: 118 As owner of 50 Hawley Street, you are hereby notified to remedy the conditions named below within 3 days of the service of this notice, according to Massachusetts Genera ] Laws, Chapter 111 , Section 123: - large accumulation of trash and recyclable bottles in and around a shed at the rear of the garage at 50 Hawley Street - Clean up and properly dispose of this material - Maintain area free from nuisance conditions in the future. If at the expiration of time allowed these conditions have not been remedied, such further action wi77 be taken as the Taw re- quires and a fine of $20. 00 per day may be charged. By Order of the Board of Health CERTIFIED MAIL d p 749 251 411 PJMcE/cdh SPECTOR Peter J. McErlain, Health Agent Northampton Board of Health Name of Complainant BOARD OF HEALTH CITY HALL COMPLAINT RECORD 7Th Date Ti Tel. Address Nature of Complaint Location of Premises Owner Address Occupant Taken by Date of inspection INSPECTOR'S REPORT LJ Referred to Time Action Taken printed on Reacted PaPe< nspector nn • ib OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 YCE.Chains® R PARMD. OFFICE OF THE R,FARSORS 5cER1A1H BOARD OF HEALTH •H°°IB`A9sst CODER "MINIMUMESTANDARDSI OFS FITNESSP SANITARY FOR HUMAN HABITATION AT: 50 Hawley Street, Northampton, MA 01060 December 22, 1993 210 MAD+STREET 61060 (4171 586-6950 Ext.219 DATE: ORDER ADDRESSED T0: COPIES OF REPORT 70: Fleet Bank eg c tonoug Attention= 109 Math Street orthamPton,•1' t , • ' John Berger 50 Hawley Street, Apt. 2 Northampton MA 01060 important legal document. It may affect your rights. This is an a translation of this form at: You may obtain importante que poder3 afec d r os legal irito ao deste documento Into e um documePodem adquirir uma trad4 seus direitos. 1d9a1 it 77 pourra Le ectern to e un impo ouVezu obtenir une traduction t cette effecter vos dr oits Vous us P forme A: Potrebbe avere effectto ale important°. ttrebb one di questo suesto b d itti . ntLeiepub ottenere sui suoi diritti . modulo a: Puede que afecte sus legal importanfa�uccibn de ue a forma us Este es . d . Pu de adquirir una direchos. Ud• wp iyw na tWOJe dokument. To mote mi dokumentu w of is le: To jest wazne Y uzyskac tiumaczenie tea uprawn ienia. Mozesz zesz uzy of Health Northampton Board City t Hall , 210 o Main Street Northampton, MA 01060 Tel f: (413) 586-6950 X214 ses The Northampton Board of Health has inptont(assessoremimap 50 Hawley Street Chapter II of The compliance with Chap parcel lot 118 Sanitary Code. This d letter will hichr are serious enough inspections to endanger or violations listed below, and well-being of the materially impair the health, safety, occupants. Under authority of Chapter III, Section 127 of the Massachusetts you are Genera7 ordered and Chapter II of faith effort to correct the hereby ng violations to make a i twenty-four (24) hours of the receipt following violations within Y- of this order: for at 32A State REGULATION 410.253 410.500 VIOLATION • Overheated light fixture in kitchen ceiling of Apt. 2 caused damage to wiring and also kitchen ceiling. Several wiring problems in the cellar 410.351 pose a serious fire/electrical 410.482 Smoke detectors in the apartments are not operable (lack of batteries?). 410.602 Large accumulation of newspapers and junk mail in the front entry hall and on the front steps. ** NOTE: REMEDY Repair and repaint ceiling damaged light fixture. Have a licensed electrician correct the wiring problems after consulting with John Glenowitz,**he City Wiring Inspector. Replace batteries and make the smoke detectors operable. Remove and properly dispose of this material and properly maintain the hall in the future. to commencing A permit from the City Wiring Inspector must be obtained prior any electrical work. Thank you for your anticipated cooperation in this matter. Very truly yours Peter J. McErlain Health Agent PJHcE/cdh cc: Wiring Insp. , Jo Deputy Fire Chi hn Glenowitz ef, Michael Drisco RECEIVED BY: DELIVERED BY: Date: Date: /a- c- - q3 Name of Complainant Address BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date 42 a/',&Time Nature of Complaint Location of Pre '/ Owner Address Occupant Taken by Date of inspection INSPECTOR'S REPORT .rL41r/ i Referred to - >-' — 53 Time / _ ction Take MAAL- nspector -Printed on Recycled Paper— g 1 t! NORTHAMPTON FIRE DEPARTMENT 01060 60 Masonic. Street , Northampton, ( 413 ) 584 - 7165 1 Date: D732mber 20, 1993 Box#: Tel#: 911 1733 Dismissed: 1823 Time: 1732 On Scene: 11 wle St. 5i Street $: __a___ Street Name: I Howoccup: arts. e Ba TeTell*:Owners Name: Fle t nk -- OwnerAdd: 586-1558 Occupnts: Matthew Gershrff Clow Extinguished: water - booster Officer: E 2-4 o'2 FMarshal: MFIRS: 051 Officer: U. Fa�aro Cause: I InsAgent: Lossf: Remarks: Call was for a fire in the ceilin. . Found a .lowin• area above a culled down surface mount kitchen light fixture. Used booster to douse fire. S.read tars in kitchen and cut a small s.uare innceilin' • , the • n r • "• ' ' ', . I r -n Notified John,Glenowicz . - c . .• ' r . • $ . 14 . - .. . r � . ,. •n.nts c.m.l .ined of electrical .. -u — sign si: __ __ deputy chief Captain Go' i>xllUA o i