32C-184 (6) PAGE 5
(ATTACHMENT)
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.
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 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. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE
NEAREST LEGAL SERVICES OFFICE WHICH IS:
WESTERN MASSACHUSETTS LEGAL SERVICES 584-4034
"NAME TELEPHONE NUMBER
20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060
ADRESS``
PAGE 4
*.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 ARTICLE 1I, 105 CMR 410.000, MINIMUM STANDARDS FOR HUMAN
HABITATION, you are hereby ordered to make a good faith effort to correct the following
violations BY MAY 27, 2005 OR AS INDICATED IN THE ORDER AND NOTIFY THIS
OFFICE AT 587-1214 WHEN ALL VIOLATIOS ARE CORRECTED.
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.
Please feel free to contact the Board of Health office, at 587-1214, 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: Building Department
Fire Department
BATHROOM
.500 Missing caulking around tub.
ORDER: Re-caulk tub in areas needed.
MIDDLE BEDROOM (REAR)
.500 Loose baseboard.
ORDER: Secure baseboard.
.500 Exit door is not weather tight and needs weather-stripping.
ORDER: Install weather-stripping.
.482 Smoke detector is hanging from wires and does not work.
ORDER: Install new or repair smoke detector and properly attach to ceiling BY
MAY 9 2005 AND NOTIFIY THIS OFFICE WHEN INSTALLED.
CORNER BEDROOM (REAR)
.500 Ceiling has water stain and peeling plaster in corner. Possible leak.
ORDER: Find and repair leak. Paint water stain.
CORNER BEDROOM (FRONT)
.500 Ceiling has water stain and wall is bulging. Possible leak.
ORDER: Find and repair leak. Secure wall and paint water stain.
.551 Window has missing screen.
ORDER: Replace screen.
.500 Window molding is separating from wall.
ORDER: Secure molding.
.482 No smoke detector provided for bedroom.
ORDER: Install smoke detector outside of doorway BY MAY 9, 2005 AND
NOTIFIY THIS OFFICE WHEN INSTALLED.
CELLAR
.503/.500 Missing hand rails.
ORDER: Install hand rails.
PAGE 2
Dear Mr.
A representative from the Northampton Board of Health conducted an inspection of your building on
April 29, 2005, at the premises located at 382 Pleasant Stret- 2"d Floor,Northampton, MA, 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 BUILDING
.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.
.500 Cracks in foundation wall near water spigot.
ORDER: Repair cracks in foundation.
FRONT PORCH
.503/.500 Several broken and missing balusters on front porch railings.
ORDER: Repair/Replace broken and missing balusters.
.602 Accumulation of furniture that was left behind by former tents (according to tenant)on front
porch (2nd Floor) .
ORDER: Remove furniture.
FIRST FLOOR ENTRANCE HALLWAY
.602 Accumulation of furniture and items in hallway causing obstruction to emergency
responders and blocking egress.
ORDER: Remove furniture and items from hallway.
KITCHEN AREA
.550 Evidence of insect infestation (ants) observed.
ORDER: Exterminate for ants.
.500 Plastic pvc drain pipe under sink has leak.
ORDER: Replace pipe.
.500 Top window does not stay up on its own when bottom window is open.
ORDER: Adjust window to stay up on its own.
BOARD OF HEALTH .�j�C�l oQ`�wwpTo
MEMBERS OFFICE OF THE
ROSEMARIE KARPARIS,R.N.,MPH BOARD OF HEALTH t
XANTHI SCRIMGEOUR,MHEd,CHES
JAY FLEITMAN,M.D.
STAFF 212 MAIN STREET
Ernest J.Mathieu,R.S.,M.S.,C.H.O. CITY O F NORTHAMPTON NORTHAMPTON,MA 01060
Director of Public Health
Richard Meczywor,R.S.,Sanitary Inspector MASSACHUSETTS 01060
Patricia Abbott,R.N.,Public Health Nurse (413)587-1214
Madeline Heon,Clerk FAX(413)587-1221
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE
"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND CHAPTER 111, SECTION
127,ABATEMENT OF NUISANCES OF THE MASSACHUSETTS GENERAL LAWS AT:
May 4, 2005
Felix Grygoreewiez 1,
12 Manhan Road
Southampton, MA 01073 V n ,,
RE: 382 Pleasant Street-2"d Floor r
REASON FOR INSPECTION: Complaint
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