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32C-147 (6) PAGE 2 A representative from the Northampton Board of Health conducted an Re-Inspection at the premises located at 292 South Street- 1st Floor, Northampton, 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. REGULATION VIOLATION CORRECTION ORDER 105 CMR 410.000 INTERIOR FRONT ENTRANCE (PORCH) .480 Entrance door does not lock. Provide lock on door. .254 Hallway light does not work. Restore hallway light. .500 Holes in walls. Repair holes. .450 Hallway obstructed by clutter (sheet Remove clutter. (Remove by Feb. 17, rock, wood). 2004) .481 Owners name, address, and telephone number not posted in entrance hallway. Owners name, address, and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. It must be constructed on notice of durable material, not less than 20 square inches in size, bearing his name, address and telephone number. Y (ATTACHMENT) PAGE 5 THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. 1. Rent Withholding (General Laws Chapter 239 Section 8A) If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without being evicted if: (A) You can prove that your dwelling unit or common areas contain code 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. Q 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 our 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. PAGE 4 Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A request must be received in writing to the office of the Board of Health within seven (7) days of receipt of this order. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary evidence 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, orders, 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. Sincerely, Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health cc: Anna Feder, Tenant CERTIFIED MAIL #7003 0500 0005 2476 5561 t PAGE 4 Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A request must be received in writing to the office of the Board of Health within seven(7) days of receipt of this order. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary evidence 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, orders, 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. Sincerely, Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health cc: Anna Feder, Tenant cc: Building Department CERTIFIED MAIL#7003 0500 0005 2476 5561 f PAGE 3 CELLAR STAIRWAY AND CELLAR AREA: .500 No hand railing on stairway wall. ORDER: Install hand railing. .254 (A)&(B) There are six apartments in this building with six meters. by the owner. The lighting to hallways/stairways and outside area does not appear to be on a separate owner's meter. ORDER: Install owner's meter to service all lighting for exterior and common areas and passageways; or create a written agreement that states the tenant is responsible for paying for lighting for these areas if tenant agrees to pay, if an agreement does not exist. (See section from code book below). 410.354: Metering of Electricity and Gas (A) The owner shall provide the electricity and gas used in each dwelling unit unless (1) Such gas or electricity is metered through a meter which serves only the dwelling unit,except as allowed by 105 CMR 410.254(B); and (2) The rental agreement provides for payment by the occupant. (B) If the owner is required,by 105 CMR 410.000 or by a rental agreement consistent with 105 CMR 410.000,to pay for the electricity or gas used in a dwelling unit,then such electricity or gas may be metered through meters which serve more than one dwelling unit. If the owner is not required to pay for the electricity or gas used in a dwelling unit,then the owner shall install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is metered through meters which serve only such dwelling unit,except as allowed by 105 CMR 410.254(B). .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 H of the State Sanitary Code. Under authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II of the State Sanitary Code,you are hereby ordered to make a good faith effort to correct the following violations BY MARCH 9, 2003 OR UNLESS OTHERWISE INDICATED NEXT TO THE CORRECTION ORDER t • PAGE 2 A representative from the Northampton Board of Health conducted an Inspection at the premises located at 15 Michaelman Avenue,Northampton,MA(assessor's map 32C, parcel 147 .), owned or operated by you, for compliance with Chapter 11 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. AR TICLE II 410.000 VIOLA TIONS EXTERIOR OF PREMESIS: .452 Ice and snow on sidewalk and parking area. Dangerous condition. ORDER: Keep walkways free from snow and ice at all times. ENTRANCE, HALLWAY AND STAIRWAY: .481 Owners name, address, and telephone number not posted in entrance hallway. ORDER: Owners name, address, and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. It must be constructed on notice of durable material, not less than 20 square inches in size,bearing his name, address and telephone number. .480 Entrance door was not secured locked upon inspection. ORDER: Door must be able to be secured locked and all tenants must have a Key. (CORRECT IMMEDIADIATELT) .602(B) Stairway is not maintained in a clean and sanitary condition. Stairs has dust and dirt accumulation in areas. Cobwebs in corners. ORDER: Clean stairway. .503(d) One baluster broken and one baluster missing. ORDER: Replace balusters. } BOARD OF HEALTH MEMBERS OFFICE OF THE ' RICHARD P.BRUNSWICK,M.D.,MPH,CHAIR BOARD OF HEALTH ROSEMARIE KARPARIS,R.N.,MPH � a JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. 212 MAIN STREET Diector of Richard Merczywor,R.S.,Public anitary Inspector CITY OF NORTHAMPTON NORTHAMPTON,MA 01060 Patricia Abbott,R.N.,Public Health Nurse MASSACHUSETTS 01060 Madeline Heon,Clerk (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: February 10,2004 LOCATION: 15 Michaelman Avenue,3rd Floor ORDER ADDRESSED TO: Joan Hart P.O. Box 2188 Amherst, MA 01002 COPIES OF REPORT TO: Anna Feder, Tenant 15 Michaelman Avenue Northampton, 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 e um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao 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 e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei puo ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: Memo Date February 10, 2004 To: David Duseau Stacy Zemon From: Ernest Mathieu Re: Corrected page 2 of letter dated 02/05/04 Enclosed is page 2 with the correct address. Please accept my apoligies. Please remove page 2 on your letter I sent you and replace it with theses. Thank you.