111 Complaint & Letters 2003-2004 Date:D/D p? I Tine:
Name f C mplainant:
Map:
Parcel:
Address: .h 51 /
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NATURE OF COMPLAINT:
Location
Owner:
Address
Taken by:
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IDate of Inspection:
INSPECT R'S E ORT:
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Tel:
Time:
Action Taken:
Inspector Signature
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02/10/04 2:05:45 PM
RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998
PARCEL ID: 17A-257-001 00111 OAK ST PLOT: LIVING UNITS: 1 CLASS: R - 101 CARD if: 1 OF 1
CURRENT OWNER/ADDRESS ZONING: URB NEIGHBORHOOD ID: 5.00 FINAL VALUE FLAG: MARKET VALUE
STENSON JAN LAND DATA
111 OAK ST TYPE SIZE INFLUENCE FACTORS LAND VALUE - ASSESSMENT INFORMATION -
FLORENCE MA 01062 PRIME SITE 11520 70,760 PRIOR COST CURRENT
LAND 44,400 70,800 70,800
BLDG 149,200 128,200 136,1200
DEED BOOK: 3456 TOTAL 193,600 199,000 207,000
EDEED PAGE: 155 SALES INFORMATION
AST UPDATE/COST: 20030102 TOTAL ACREAGE: 0.264 TOTAL LAND VALUE: 70,800
DATE TYPE PRICE VALIDITY
LAST UPDATE/COST: 20030102 19891001 LAND + BLD 125,000 0
X DATE: ADDITION DATA
DATA COLLECTION INFORMATION Lower Level First Floor Second Floor Third Floor Area
ENTRANCE CODE: UNOCCUPIED Enc Frm Prch 1 4
INFORMATION SOURCE: Enc Fran Prch
DATA COLLECTOR: AD Conc Patio 384
DATE: 19991030
DWELLING INFORMATION
STYLE: CVNTL
YEAR BUILT: 1925
STORY HEIGHT: 1.00
ATTIC: NONE
Basement: FULL
TOTAL ROOMS: 7
TOTAL BEDROOMS: 3
FULL BATHS: 2 ADDITIONAL DWELLING INFORMATION
Half Baths:
BASEMENT GARAGE(BCARS) ADDITIONAL FIXTURES: r
EXTERIOR WALLS: FRAME BRICK TRIM: X
UNFINISHED AREA: STONE TRIM: X 12
GROUND FLOOR AREA: 988 lB
TOTAL LIVING AREA: 988 REMODELING DATA 14
FINISHED BASEMENT LIVING AREA: X
BASEMENT RECREATION AREA: X YEAR REMODELED:
MASONARY FIREPLACE STACKS/OPENINGS: 1 / 1 12 6 14
METAL FIREPLACES: KITCHEN REMOD(Y/N)
HEAT/CENTRAL A/C: BASIC BATH REMODEL (Y/N) 26
HEATING SYSTEM: STEAM
FUEL TYPE: GAS
QUALITY C
INTEIOR EXTEIRN SAEAGE CO % SABLITY/UTILITY AV PHYSICAL AVERAGE
OUTBUILDINGS & YARD ITEMS PERMIT DATA
TYPE OTT YR SIZE1 SIZE2 GRD COND DATE PURPOSE PRICE
RG1 1 1925 18 17 C A 20010322 40,000 NEW STUDIO 38 1Fr/B
RS1 1 1990 18 35 8 G 19950401 25,000 RENO 2D AD
BATH
NOTES:
26
Srr. 6
t) Make no substantial alteration, addition, or
improvement in or to the dwelling without the written
permission of landlord/agent. Such consent shall not
be unreasonably withheld,but may include the tenant's
agreeing to restore the dwelling to its prior condition
before moving out. Any such alteration, addition, or
improvement shall become the property of the landlord/
agent unless otherwise agreed.
g) Tenant will not allow on his/her premises any
excessive noise or other activity which disturbs the
peace and quiet of other tenants in the building.
6. LANDLORD/AGENT'S OBLIGATIONS. The landlord/
agent shall:
a) Maintain In good and safe working order all
electrical, plumbing, sanitary, heating, ventilating, air
conditioning and other facilities and appliances.
b) Maintain and make repairs to all common areas,
doors, locks, windows, stairs and floors.
c) Except In the case of a single family dwelling,
provide hot water at all times and reasonable heat (as
defined by the Massachusetts State Sanitary Code)
between September 15 and June 15.
d) Maintain free from all insects and rodents all
hallways, passageways and stairways used or intended
for use by the occupants of more than one dwelling
unit or rooming unit and the premises of the dwelling,
and the landlordmgent shall be responsible for exter-
minating all pests In those common areas. Further, the
landlord/agent shall be responsible for exterminating all
such pests that exist in the dwelling unit if his/her
improper maintenance of the dwelling allowed them to
exist, or if they exist in two or more dwelling units of
one premises.
e) Paint interior areas of the dwelling with interior
non-lead base paint of a grade capable of being
washed without streaking.
f) If the premises contains 3 or more dwelling
units, provide trash containers with secured lids of a
size sufficient to meet tenant's needs and provide for
trash removal.
g) Prevent other tenants and other persons in the
building or common areas from disturbing tenant's
peace and quiet.
h) Comply with all requirements of applicable
building housing and sanitary codes (in particular,
Article II of the Massachusetts State Sanitary Code)
and do whatever is necessary to put and keep the
premises in a fit and habitable condition.
7. ENTRY BY LANDLORD/AGENT. Landlord/agent shall
have the right to enter the rented premises for the
following purposes:
To inspect for damage or needed repairs only,
without intruding into tenant's personal effects;
To make necessary repairs or improvements;
To show the dwelling to prospective tenants,
purchasers or mortgagers.
Landlord/agent shall contact tenant before such
entry in order to arrange a time which would not
unreasonably disturb tenant. Entry may be made
without prior notice only in case of an emergency,Such
as fire or broken water pipes, or if the dwelling
appears to have been abandoned,or upon court order.
8. ASSIGNMENT AND SUBLETTING. Upon the written
consent of the landlord/agent, tenant may assign or
sublet the leased dwelling for any part of the term of
this lease. Landlord/agent will not Unreasonably
withhold consent, and such consent will be based only
upon the ability of a prospective sub-tenant to comply
with the provisions of this agreement. In the case of
assignment or subletting,- landlord/agent will not
unreasonably refuse to give tenant a written release
from further liability,for the premises.
9. TRANSFER OF PROPERTY. Tenant must be notified of
any transfer of ownership or management of the
property during the term of this agreement. Tenant's
security deposit together with any accrued Interest
and any advance rent payments must be transferred to
landlord/agent's successor.
10. WRITTEN RENEWAL NOTICE REQUIRED. The parties
acknowledge that upon the expiration of this agree-
ment the tenancy may not necessarily be renewed.
The landlord/agent shall notify the tenant in writing
not fewer than 45 days before the expiration of this
agreement whether the tenancy may be renewed,
specifying any changes in rent or terms.
The tenant shall then have the option to renew the
tenancy, subject to tenant's acceptance of any
change of rent or of terms, not fewer than 30 days
before the expiration of this agreement.
11. HOLDING OVER WITHOUT RENEWAL NOTICE. Should
tenant occupy the dwelling after the term of this
agreement without giving the renewal notice required In
Paragraph 10 above, he/she does so as month-to-
month tenant only. Such tenancy may be terminated by
written notice sent by either party to the other not
fewer than 30 days prior to the start of a rental
period.
12. VACATING OF PREMISES. Upon termination of the
agreement, tenant shall vacate the dwelling,remove all
personal property belonging to ham/her, and leave the
premises as clean as he/she found them (normal wear
and tear excepted). The landlord/agent is required to
inspect'the premises in the tenants presence on the
last day of the tenancy to verify the condition and
contents of the premises, and to record the same in
Appendix B of this agreement.
13. EVICTION. All notices to quit'and all evictions shall
be issued in strict accordance. to the laws of
Massachusetts (MGL ch.186, ss. 11 & 12; ch. 239).
14. VIOLATIONS OF MINIMUM STANDARDS OF HABITATION.
In cases- of violation of Massachusetts Minimum
Standards of Habitation (Article II, State Sanitary
Code), duly certified by local or state Board of Health
OF WHICH LANDLORD/AGENT HAS BEEN NOTIFIED, and
which, after a reasonable time landlord/agent has not
corrected, tenant MAY have the right either to repair,
deducting any expenses from rent due, or withhold up
to four months' rent without fear of reprisal (MGL ch.
111 & 127). Tenant should seek professional advice
before withholding rent or repairing the premises.
RENTAL AGREEMENT
Spyv
Land(old/Agent
Oir
Address
67y - x731
Phone Emergency Phone
c Z(e t SSW
Tenant OS cyu_LL I C1AA
/I/ Okk- St 1s-1 RE/vC.-6
Premises Rented
through �a
Term: from / 1 / !3 / '3�/
PAYMENTS
J,011aS r0
First Month
Last Month
Month of Amount
Month of Amount
Security Deposit l`��
Date Paid
Date Paid
Date Paid
UTLITES To be paid by:
Landlord/agent Tenant
Heat
Hot Water
Electricity
Gas
Trash removal
Other:
.f`I4CLJ ecrurt
Landlord/agent must provide and maintain facilities for
heat and hot wat;r.
CA-r- IOC 6 - LL E
Landlord/Agent
Tenant
1�z1o3
Date
1. SECURITY DEPOSIT. Landlord/agent may require of
tenant a security deposit equal to no more than one
month's rent, for which landlord/agent must give a
dated receipt. The security deposit must then be
deposited In an escrow account earning interest at the
current simple Interest rate,and the name and location
of the bank and the account number must be given to
the tenant. Failure of a landlord/agent to furnish this
information within 30 days of receipt will entitle tenant
to Immediate return of the security deposit.
2. RETURN OF SECURITY DEPOSIT AT END OF TENANCY.
Landlord/agent will return security deposit and any
accrued Interest within 30 days of end of tenancy. If
landlord/agent deducts from the deposit any amount
for damage BEYOND ORDINARY WEAR AND TEAR, such
deductions must be supported by bills or estimates for
repairs.
Should landlord/agent fail to return the security
deposit and accrued interest within 30 days of end of
tenancy or If tenant disputes any deductions for
damages as unreasonable, tenant may sue
landlord/agent in Small Claims Court for three times the
amount of the deposit or of the portion withheld [ch.
186 5 15b, Massachusetts General Laws].
3. INSPECTION,DAMAGE&REPAIRS. Landlord/agent shall
Inspect the dwelling in the presence of tenant on the
first and last days of tenancy to verify the condition
and contents of the dwelling. (See Statement of
Condition and Appendix A, List of Repairs to be
Completed.)
4. COPY OF LEASE TO TENANT. Landlord/agent will
provide tenant with a signed copy of this agreement,
including all appendices, within 30 days of tenant's
signing the agreement.
5. TENANT OBLIGATIONS. The tenant shall:
a) Maintain the dwelling h a clean and neat
condition and at all times comply with the provisions of
Article II of the Massachusetts State Sanitary Code.
b) Pay for any damages to the dwelling or to the
appliances and fixtures caused by any act of
negligence of tenant or any of tenant's guests,
EXCEPT FOR DAMAGE DUE TO ORDINARY WEAR AND TEAR,
or loss or damage by fire, flood or other casualty not
caused by tenant or guests. If the dwelling is
rendered uninhabitable by fire, flood, or other
casualty, then this agreement Is terminated as of the
date of destruction of the dwelling. If after damage by
fire flood or other casualty, continued occupancy is
lawful, the tenant may vacate any part of the dwelling
rendered unusable, in which case tenants liability for
rent is reduced in proportion to the reduction In the
it rental value of the dwelling.
c) Assume liability for loss due to theft or
accident, unless such loss is due to landlord/agent's
negligence.
d) Place garbage and refuse in the containers
provided.
e) Give prompt notice to landlord/agent of any
maintenance or repairs that are needed.
January 6,2004
Suzanne and Company Real Estate Brokers
58 Pleasant Street
Northampton,MA 01060
Dear Suzanne,
This letter serves to document our conversations on 1/5/04 and 1/6/04 where Ellen Smith and I
detailed our problems regarding moving into 111 Oak Street in Florence, Massachusetts. Since
the beginning of this moving process Ellen and I were concerned about the owner of the house,
Jan Stenson, and her unfamiliarity with lessor-lessee relationships and her contractual
responsibilities as a landlord. The day we signed the lease for 111 Oak Street we asked you to
have a second conversation with Jan about this issue,and you apparently followed through soon
after that meeting with Ellen and I. Our concerns have not abated and have become more real
and pressing. We are requesting a meeting with you and Jan Stenson so that we can achieve
resolution of these matters and enjoy an amicable, professional relationship with Jan. The
remainder of this letter is a detailed list of the issues/problems that we would like to solve:
1. After nearly one week of occupancy, we are not able to have phone service in our home.
Jan has not disconnected her current phone number and has balked at paying for the
house to be rewired with an available active phone line. After many discussions with
Verizon,they have explained to me that the inside wiring of the home is the property of
the landlord and any changes need to be ordered by and paid for by the landlord.
2. After nearly one week of occupancy we still do not have keys to the front door of the
house or the upper lock on the back door.
3. Upon moving into 111 Oak Street we discovered that a considerable amount of Jan's
personal belongings remain in the storage space in the master bedroom. We would like
those items moved to her new home.
4. In a meeting one week prior to moving into the house,Jan explained that there had been
rodents in the kitchen, although she seemed to believe that the problem had been
resolved. Two days after moving in Ellen and I noticed rodent activity (i.e. mouse feces
in the kitchen drawers). We would request that Jan hire an exterminator to deal with this
apparently ongoing problem.
5. In the few days following the move Ellen and I realized that Jan had not yet forwarded
her mail and newspaper. These items are dropped off inside of the glassed in porch,and
Jan apparently accessed the home to retrieve them. We would like the mail, newspaper,
and any other items to be delivered to Jan's new home, and for Jan to understand that we
need advanced notice before gaining entry into our home. We understand that emergency
exceptions are outlined in the lease, but we ask that Jan seek specific permission before
gaining entry into our home.
6. After it became clear that there would be conflictual issues with transferring the phone
line, Ellen and I questioned whether any other utilities that are currently in my name are
serving Jan's outside studio. After inspecting the perimeter of the house and studio I
discovered there is only one electric meter and a series of wires that run from the house to
the studio. This leads me to believe that we are paying for the electricity (including
possible electric heaters)for the studio,which is obviously unacceptable.
7. Ellen and I would also like to discuss issues around usage of the yard. We assumed that
our lease extended to the front and back yards, and that we would have private access to
those areas. We also understood that a condition of the rental agreement was that Jan
would temporarily continue to use her art studio until her partner finished constructing
one in Whatley. We would like some outline of how many hours a week Jan expects to
use the studio and approximately what days of the week. For example, we are expecting
Jan to use her studio during normal work hours and not on weekends.
8. Ellen and I, in accordance with the lease, would like to have information regarding the
interest-bearing account that our security deposit was placed into, as well as a receipt for
the deposit.
9. In order to avoid any complications when it is time for Ellen and Ito vacate the house,
we would like an official acknowledgement of Jan's permission to paint the interior
rooms and a discussion around reimbursement for the paint.
10. The last point for discussion involves snow removal. As many of the snowier winter
months are still ahead of us, we would like to know Jan's plan in terms of arranging
immediate snow removal so that Ellen and I will not be disrupted in getting to work in
the mornings.
I know that you have left Jan at least two messages attempting to discuss these matters,
although I believe, as you recommended, a face-to-face meeting is the best course of action.
The best time for us to meet is after 11:15 on Monday 1/12/04. I will leave a copy of this
letter for Jan and assume that she will attend at that time or call to set up an alternative time.
Thank you for agreeing to facilitate this meeting, and I look forward for all these matters to
be aired and resolved on Monday 1/12/04 at 11:15. Our goal through this letter and the
ensuing discussions is to solidify a professional,cordial relationship with Jan Stenson.
Sincerely,
Rose Sullivan,MSW,LICSW
January 7,2004
Suzanne and Company Real Estate Brokers
58 Pleasant Street
Northampton, MA 01060
In my continuing effort to document my experience with Jan Stenson, I am offering
further written record of my attempts to resolve ongoing issues with the lease at 111 Oak
St. I left my letter of concern for Jan this morning—she received it and confronted me
around 12:00 pm when I arrived home for lunch. Jan stated that we would not be able to
have an amicable relationship and disagreed with every point in my previous letter. Jan
stated she would do none of the things on my list of concerns,and wanted to evict Ellen
and me immediately. In reference to my objection to her unauthorized access to the
home,Jan began yelling at me in a highly agitated state, `7 own this house,you do not
own this house,I will go onto that porch whenever I want".Jan also referred to my point
about the paint by saying, "I never gave permission to paint those rooms". After this
encounter I called you where you assured me that Jan did not have legal right to take
eviction proceedings and discuss Jan's statements. I stated my concerns that Jan would
take advantage of our not having keys to the house and that Jan would lock us out. You
informed me that this was illegal and I should have the locks re-keyed. In our
conversation you also told me to keep all receipts and informed me that Jan would be
legally and financially responsible for the moving costs we would incur. Out of fear of
retaliation by Jan I asked that you find another rental for Ellen and me immediately, as
Jan has made this arrangement untenable. In addition Massachusetts Electric informed
me that there is only one meter and one bill for the premises,confirming that I am being
billed for Jan's use of the electricity in her studio. Jan has refused to acknowledge this
fact, and has made no effort to rectify this situation. Ellen and I had absolutely no idea
that the issues outlined in our previous letter would ever constitute a problem;the issues
we described seemed so obvious that any reasonable person would respond by finding
immediate solutions. I am very concerned about Jan's ability to handle these issues
rationally;every attempt I have made to deal with Jan directly has resulted in her
displaying emotionally unstable behaviors that defy common sense. I am basing this
conclusion on the interaction we had today and on January 2,2004,where she again
became agitated, stormed out of the house in the midst of our conversation, and refused
to speak with us regarding the issues that we have documented in our previous letter. I
am very appreciative of your assistance in these matters.
Sincerely,
Rose Sullivan, MSW, LICSW
January 12,2004
Suzanne and Company Real Estate Brokers
58 Pleasant Street
Northampton, MA 01060
Dear Suzanne,
On Friday,January 9th I contacted the Board of Health to ask for a housing inspection at
l 1 l Oak Street. Ernie Matthews agreed to come to the house for a full inspection and
stated he would refer any zoning or building inspections to Tony Patillo for further
investigations. It seems very apparent that Jan was not forthcoming about the extent of
her business and use of the studio. On Friday January 9th Jan's customers blocked me
into the driveway, nearly causing me to be late for work. Clearly there is nothing
informal or temporary about her studio, as she had originally stated. After nearly one
week Jan has made essentially no movement on resolving the items that I outlined in my
demand letter. In addition,Jan has made no effort to remove the snow from the previous
storm. This has resulted in the driveway and stairs being coated in several inches of ice.
Ellen slipped down the stairs today while carrying a heavy package, barely avoiding
injury. This condition has been compounded today,January 12,2004, because of a
second snowfall. Jan has not arranged for snow removal, as outlined in our lease,and the
condition of the driveway and stairs have become treacherous.
Sincerely,
Rose Sullivan, MSW, LICSW
BOARD OF HEALTH
MEMBERS OFFICE OF THE
RICHARD P.BRUNSWICK,M.D.,MPH,CHAIR
ROSEMARIE KARPARIS,R.N.,MPH
JAY FLEITMAN,M.D.
STAFF
Ernest J.Mathieu,R.S.,M.S.,C.H.O.
Director of Public Health
Richard Meczywor,R.S.,Sanitary Inspector
Patricia Abbott,R.N.,Public Health Nurse
Madeline Heon,Clerk
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1214
FAX(413)587-1221
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE
"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT:
DATE: January15, 2004
LOCATION: 111 Oak Street
ORDER ADDRESSED TO: Jan Stenson, Owner
111 Oak Street
Florence, MA 01060
COPIES OF REPORT TO: Rose Sullivan,Tenant
111 Oak Street
Florence,MA 01060
REASON FOR INSPECTION: Complaint by Tenant
This is an important legal document. It may affect your rights. You may
obtain a translation of this form at.
Isto a urn documento legal muito importante que podera afectar os seus direitos. Podem
adquirir uma tradpao deste documento de:
Le suivante est un important document legal. Il pourrait affectar vos droits. Vous pouvez
obtenir une traduction de cette forme a:
Questo a un documento legate importante. Potrebbe avere effectto sui suoi diritti. Lei pub
ottenere una traduzione di questo modulo a:
Este es un documento legal importante. Puede que afecte sus direchos.
Ud. Puede adquirir una tradccien de esta forma en:
To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz
uzyskac tlumaczenie teo dokumentu w ofisie:
PAGE 2
A representative from the Northampton Board of Health conducted an Inspection at the premises
located at 111 Oak Street,Florence, MA(assessor's map 38D, parcel 30 .), owned or operated by
you, 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.
ARTICLE II 410.000 VIOLATIONS
EXTERIOR OF PREMESIS
.452 Ice and snow on sidewalk and stairs. There was a snowstorm the prior day. ORDER: Owner
to make a good faith effort to keep walkways free from snow and ice.
KITCHEN
.500 Window has broken sash cord. ORDER: Replace broken sash cord.
.500 Cracks in wall near refrigerator. ORDER: Repair/seal cracks.
.500 Torn window screen. ORDER: Repair/replace screen.
.550 Evidence of rodent infestation. Mice droppings observed in cabinet drawers. ORDER:
Exterminate for rodents.
CELLAR STAIRWAY AND CELLAR AREA
.500 Hole in stairway wall. ORDER: Repair hole.
.254 (A)&(B)
LIVING ROOM
.500
DEN
.500
Tenant has lease agreement that requires her to pay for electricity and gas There is only one
meter and electric panel for the entire property.. According to the tenant the owner uses the
garage approximately 30-35 hours per week as an Art Studio and repairs artwork. The tenant
is paying for the utilities for this garage. The lighting to this structure is on the tenant's meter
and not on separate meter. ORDER: Install owner's meter to service all lighting for exterior
and common areas and passageways and garage or create a written agreement that states
tenant is responsible for paying for lighting for these areas if tenant agrees to pay.
Broken sash cord. OERDER: Replace broken sash cord.
Closet door knob defective. Does not open door properly. ORDER: Repair/replace knob.
PAGE 3
FRONT ENTRANCE
.500 Broken windowpane in entrance door. ORDER: Replace broken windowpane.
.500 5 broken sash cords. ORDER: Replace broken sash cords.
.500 Broken windowpane. ORDER: Replace broken windowpane.
DOWNSTAIRS BATHROOM
.500 Cracks in ceiling. ORDER: Repair/seal cracks.
.280 No mechanical ventilation to outside provided. ORDER: Provide mechanical ventilation if
needed after referring to this code on this item below:
410.280: Natural and Mechanical Ventilation
The owner shall provide for each habitable room, and room containing a
toilet, bathtub or shower, ventilation to the outdoors consisting of:
(A) windows, skylights, doors or transoms in the exterior walls or roofs that can be
easily opened to a minimum of 4% of the floor area of that habitable room or room
containing a toilet, bathtub or shower, provided, that a skylight which if open
exposes the interior of the dwelling to direct rainfall shall not satisfy this
requirement; or
;cal ventilation capable of exhaustine air at the following rates_
Occupancy Classification
Required Air Changes Per Hour
Habitable rooms other than bath,toilet or shower rooms
2
Bath,toilet or shower rooms
5
.750 States that one or more of the violations listed above is or may be a Condition which may
materially impair the health or safety and well-being of the occupant as determined by 105
CMR 410.750 of Article II of the State Sanitary Code.
Under authority of Chapter IIl, Section 127 of the Massachusetts General Laws, and Chapter D of the
State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following
violations by March 16,2004 or unless otherwise indicated next to the correction order.
PAGE 4
'Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A
-equest must be received in writing to the office of the Board of Health within seven (7)days of receipt of this
oder. At said hearing,you will be given an opportunity to be heard and to present witnesses and documentary
widence as to why this order should be modified or withdrawn. You have the right to be represented by an
attorney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports,
arders, notices and other documentary information relative to this property.
if these premises are occupied as rental housing, the occupants are entitled to their statutory rights and remedies.
As required in 410.812(B), I am enclosing a copy of these rights and remedies on page 6 in the document entitled,
"THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES".
Please feel free to contact the Board of Health office, at 587-1215, if you have any questions concerning this
matter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified
under the pains and penalties of perjury.
Ernest J. Mathieu, R.S., M.S., C.H.O.
Director of Public Health
cc: Rose Sullivan, Tenant
DELIVED IN HAND TO OWNER
fATTACHMENT)
'AGE 5
UTE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL
2EMEDIES.
L. Rent Withholding(General Laws Chapter 239 Section 8A)
f Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do
his without being evicted if
(A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or
materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent.
B) You did not cause the violations and they can be repaired while you continue to live in the building.
C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent
money aside in a safe place.)
2. Repair and Deduct(General Laws Chapter 111 section 127L)
The law sometimes allows you to use your rent money to make the repairs yourself. If out local code enforcement agency
certifies that there are code violations which endanger or materially impair your health, safety or well-being and your
landlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin
necessary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs
within 14 days after notice you can use up to four months' rent in any year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter
239,section 2A).
The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement
agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the
complaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You
may be able to sue the landlord for damages if he or she tries this.
4. Rent Receivership (General Laws Chapter 111, Sections 127C-H).
The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather
than to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to
correct the violation. The receiver is not subject to a spending limitation of four months' rent.
5. Breach of Warranty of Habitability.
You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet
minimum standards of habitability.
6. Unfair and Deceptive Practices (General Laws chapter 93A).
Renting an apartment with code violations is a violation of the consumer protection act and regulations for which
you may sue an owner.
THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO
WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN
ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY.
BOARD OF HEALTH
MEMBERS OFFICE OF THE
CHARD P.BRUNSWICK,M.D.,MPH,CHAIR
ROSEMARIE KARPARIS,R.N.,MPH
lAY FLEITMAN,M.D.
STAFF
Ernest].Mathieu,R.S.,M.S.,C.N.O.
Director of Public Health
ichard Mecrywor,R.S.,Sanitary Inspector
Patricia Abbott,R.N.,Public Health Nurse
Madeline Heon,Clerk
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
DATE: February 9, 2004
TO:
Jan Stepson, Owner
111 Oak Street
Florence,MA 01060
MEMO
FROM: Ernest J. Mathieu, Director of Public Health
RE: 111 Oak Street
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1214
FAX(413)587-1221
Please call me art 587-1214 regarding your rental property at 111 Oak Street.It is
imperative that you call me soon.
Waiting to hear from you.
Ernie Mathieu
From:
Sent:
To:
Subject:
Jan Stenson Uanstenson @comcast.net]
Wednesday, February 18, 2004 10:01 AM
Ernie Mathieu
Re: Housing regs.
Hi Ernie
This is to let you know that I received your e-mail ye
Presently my house is vacant. Rose Sullivan and Ellen
January 31st. I haven't decided yet whether I will be
again; I may sell it instead. I 'll let you know if I
in the future and will fix the items items you listed
and let you know so you can inspect the house if I do
again.
Thank you for your help and advice.
Sincerely
Jan Stenson
On Tuesday, February 17, 2004, at 05:37 PM, Ernie Mat
> Jan,
> Enclosed is the Housing code.
> «Code Housing Standards.doc»
> <Code Housing Standards.doc>
sterday.
Smith left on
renting my house
decide to rent it
in your letter
decide to rent it
}lieu wrote: