25C-105 (5) THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL
REMEDIES TENANTS MAY USE TO GET HOUSING CODE VIOLATIONS
CORRECTED:
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 rent.
B. You did not cause the violations and they can be repaired while you continue to live in the
building or apartment.
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 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 your local
code enforcement agency certifies that there are code violations which seriously 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 fourteen days after the notice you can use up to four months'rent in any one 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 the
local 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 a good reason
for the increase or eviction which is unrelated to your complaint. You may be able to sue the
landlord for damages if he or she tried this.
4. RENT RECEIVERSHIP(GENERAL LAWS CHAPTER 111,SECTIONS C -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 appoint a "receiver"who may spend j
as much of the rent money as is needed to correct the violation(s). The receiver is not subject to
a spending limitation of four months' rent.
5. BREACH OF WARRANTY OR 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 human habitability.
6. UNFAIR AND DECEPTIVE PRACTICES (GENERAL LAWS CHAPTER 93A)
Renting an apartment with code violations is a violation of the Consumer Protection Regulations
for which you may sue an owner.
THE INFORMATION PRESENTED ABOVE IS JUST A SUMMARY OF THE LAW. BEFORE YOU DECIDE
TO WITHHOLD YOUR RENT OR TAKE OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT
AN ATTORNEY. IF YOU CANNOT AFFORD AT ATTORNEY, YOU SHOULD CONTACT THE NEAREST
LEGAL SERVICES OFFICE WHICH IS:
I
WESTERN MASSACHUSETTS LEGAL SERVICES 584 -4034
20 HAMPTON AVENUE, SUITE 100, NORTHAMPTON, MA 01060
E
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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 33.2 have been satisfied); provided, such petition must be filed within
seven days after the day the ordered 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 occupant(s) 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 the 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 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 ($500.00) dollars for each day's failure to comply
with this order.
f'
The Northampton Board of Health has inspected the premises at
236 Bridge St.,2"1 Fl., Northampton, MA (assessor's map 25C parcel 105 .),
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.
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
within FOURTEEN DAYS of the receipt of this order.
REGULATION VIOLATION REMEDY
410.450 No 2"d means of safe egress from the Provide an approved 2"d means of
2"d floor apartment, as required egress from this apartment. All work
under the Massachusetts State and permits required must be obtained
Building Code and State Sanitary and approved by the Northampton
Code, Chapter 11. Building Commissioner's Office.
Inspection of the premises was made on April 10, 2001 at approximately
9:30 am.
If you have any questions regarding this abatement order contact the Board
of Health office.
Very truly your
David E. Kocha �I
Sanitary Inspector
Northampton Board of Health
This inspection report is signed and certified under the pains and penalties
of perjury.
CERTIFIED MAIL# 7099 3400 0003 5609 6832
cc: Northampton Building Commissioner's Office
t"we .x
BOARD OF HEALTH
MEMBERS CITY OF NORTHAMPTON
CYNTHIA DOURMASHKIN,R.N.,Chair MASSACHUSETTS 01060 1
ANNE BORES,M.D.
ROSEMARIE KARPARIS,R.N. 'A
PETER J.McERLAIN,Health Agent
OFFICE OF THE
(413)587-1214 BOARD OF HEALTH 210 MAIN STREET
FAX(413)587-1264 01060
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE
"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT:
,. ,. Wit'Apt ,
hampton, MA 01060
DATE: April 19, 2001 E C E Q V E
ORDER ADDRESSED TO: Nicholas Raptelis
COPY236 Bridge Street, 1 S` Floor APB 19 2WI
Northampton, MA 01060
COPY OF REPORT TO: Lisa Deyo DEPT Of BUILDING INSPECTIONS
236 Bridge Street, 2"d Floor NORTHAMPTON,MA 01060
Northampton, MA 01060
This is an important legal document. It may effect your rights. You may
obtain a translation of this form at:
Isto a 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. II pourrait affectar vos
droits. Vous pouvez obtenir une traduction de cette forme a:
Questo a un documento legale 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 tradccion de esta forma en:
To jest wazne legalny dokument. To moze miec wplyw na twoje
uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie:
NORTHAMPTON BOARD OF HEALTH
City Hall, 210 Main Street
Northampton, MA 01060
Tel #: (413) 587-1214
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