Amherst Housing Case

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AMHERST !"##"$%'((#

AMHERST HEALTH DEPARTMENT, 70 BOLTWOOD WALK, AMHERST, MA 01002

(413) 259-3077 (413) 259-2404 - FAX Environmental Health Division (413) 259-3078www.amherstma.gov [email protected]

http://www.amherstma.gov/http://www.amherstma.gov/


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March 30, 2015Property Address: 149 Farmington Road

Amherst, MA, 01002

Inspection Date: March 26, 2015Re-inspection Date: April 17, 2015Property Owner/Manager: Michael Bowen

By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and 127B of the

Massachusetts General Laws, the Amherst Health Department has conducted an inspection of the above mentioneddwelling, and found it to be in violation of the Minimum Standard of Fitness for Human Habitation. A list of theviolations is enclosed.

You are hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5) days (of thedate on this letter), and to make a good faith effort to substantially correct within thirty (30) days, as of the date of thisletter, all violations recorded on the report.

You are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of receipt ofthis notice. These are violations or conditions, which endanger the health, or safety and well-being of the occupant as

determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the occupant to exercise oneor more statutory remedies available to them as outlined in the enclosed inspection form. A reinspection will be

conducted, as indicated, to determine compliance.

You are entitled to a hearing, provided a written petition is received within seven (7) days. You are also entitled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, orders and notices. Anyadverse parties also have the right to appear at the hearing.

Every occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of correctingthese violations. (CMR.810)

Failure to comply with this order may result in a fine of not less than ten, nor more than five hundred dollars; eachday constituting a separate violation. It is your responsibility to provide proper workmanship and to obtain the

appropriate private permits where necessary.

Your immediate attention will be appreciated. If you have any questions, please contact this office at 413-259-3077.

Sincerely,

Jon Thompson

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AMHERST!"##"$%'((#

AMHERST HEALTH DEPARTMENT, 70 BOLTWOOD WALK, AMHERST, MA 01002

(413) 259-3077 (413) 259-2404 - FAX Environmental Health Division (413) 259-3078www.amherstma.gov [email protected]

http://www.amherstma.gov/http://www.amherstma.gov/


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Inspection FormAmherst Health Department, 70 Boltwood Walk, Amherst, MA 01002 413-259-3077

SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation

Date: 3/26/2015 Time: 9:00 AM # Occupants 4 # Children < 6 Years - NA

Address: 149 Farmington Road Unit # City/Town: Amherst

Occupant Name: Thierry Pierre Charles Phone # 954-663-2251 Email: [email protected]

Owner Name: Michael Bowen Phone# 413-695-2471 Email: [email protected] Address: 22 Oakview Terrace #1 City/Town: Jamaica Plain, MA Zip Code: 02130

# Dwelling/ Rooming Units in Dwelling: 1 # Stories: 1 Floor Level of Unit: 1

# Sleeping Rooms: 4 # Habitable Rooms: 6

Inspector: Jon Thompson & Ed Smith

If violations are observed and checked, describe them fully on Page 3.

Area orElement

Type of ViolationUse blank boxes for ones not listed

Possible CodeSection(s)

X ifViolation

Observed

ResponsibleParty

Owner

Occupant

Exterior,Yard &Porch

Locks 410.480 X XPosting, ID, Exit signs/emergency lights 410.481 X XRoof / Gutter 410.500 X XRubbish — storage and collection

Maintenance of Area 410.602 X XUpholstered Furniture MGL Chap. 111 Sec.

122X X

CommonAreas &Entry

Light, windowsEgress

Handrails

Door

InteriorHalls &Stairs

Floors, walls ceilings

Hallways, railings, stairs

Light, windows

Bedroom 1 Location: Rear Floor Level of Unit - 1Ventilation

Ceiling height

Windows, screen 501, 551 X XWall 410.500 X X

Bedroom 2 Location (circle): Front Floor Level of Unit - 1Ventilation

Ceiling height

Windows, screen 501, 551 X XWall 410.500 X X

Bathroom(Basement)

Toilet 410.351 (A) X XSmooth, impervious surfaces

Ceiling Fan 410.351 X X


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Area orElement



X ifViolationObserved

ResponsibleParty

Owner

Occupant

Floors/walls

Ceiling 410.500 X X

Kitchen

Kitchen,cont.

Sink, stove, oven; good repair, imperviousand smooth, space refrig

Lights, outlets, ventilation, windows,

screens

Ceiling height

Floor

Floors/Walls

Living roomand Dining

Room

Lights, outlets, ventilation

Ceiling height

Windows/screens 501, 551 X XCeiling condition

Sink

Basement MaintenanceWatertight

Lighting

Dryer 410.351 X XWater Source (circle): Public Private

Must be potable

Quantity, pressure

Responsible for paying MGL ch 186 s 22,metering

Hot Water Fuel Type (circle): Natural Gas Oil Electric Other Temp.: ofLocation taken: KitchenQuantity, pressure, 110 F min, 130 max

Venting

Heating Type (circle): Forced Hot Water Forced Hot Air Steam Electric No portable units

“Habitable room and every room with toilet,shower, tub” !" $ % &' () ** +', !- $ **./* +' () !.01 &',

2342+( !5*0615*0 %" $ '&3 78 92&(78: ;2&;)85'2&;22(

?&@@, 0 >22( >@))=

Venting, metering

Heating – Thermostats 410.351 (A) X XElectrical Type (circle): 110 220 Amp:

Amperage, temporary wiring, metering

Drainage,Plumbing

Type (circle): Public PrivateSanitary drainage required and maintained


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Area orElement



X ifViolationObserved

ResponsibleParty

Owner

Occupant

Smoke &CO

Detectors

Required & operational *410.750 (N) X XEmergency lights

Pests Free of pests (rodents, skunks, cockroaches,insects)

Structural maintenance and elimination of

harborage

Asbestos orLead PaintCurtailment

Access

Other Basement Bedroom 410.402, 450,*410.750 (G)

IRC SEC. R314.3.1

X X


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Referral: Electric X Fire Plumbing Building Other

This inspection report is signed and certified under the pains and penalties of perjury.

Inspector Signature:

Occupant or Occupant’s Representative Signature:

Reinspection Date: April 17, 2015 Time: 10:00 AM

Note: Effective March 31, 2006 every residential structure that presently or in the future contains Fossil fuel

Burning Equipment or has enclosed parking shall be equipped, by the owner, landlord or superintendent, with

working and Listed Carbon Monoxide Alarm Protection.

Note: *indicates that this housing inspection has revealed conditions which may endanger or materially impairthe health, safety, and well-being of any person(s) occupying the premises

Please Note the Town Of Amherst charges a fee of $75 (Seventy Five Dollars) for each re-inspectionconducted after the first.

Written description of any violation(s) checked above

Area/Element, Code Citation and Description of Violation Acceptable Remedies

410.480 – Deadbolt inoperable Re-key or replace

410.481 / Article IV section 6c - Posting Rental Permit must be posted

410.500 – Roof / Gutter – front roof Repair or replace gutter

410.602 (A&B) Trash – exterior & interior Cleanup trash from home & yard

MGL Chapt. 111 Sec. 122 – Upholstered furniture Upholstered chair in yard

410.501 / 410.551 – Storms & screens missing from many windows Repair or replace

410.500 – Bedroom walls – wet & moldy (both bedrooms on first floor) Eliminate the source of moisture,dry out the interior. Replacedamaged drywall & trim

410.351 (A) Basement bathroom – toilet won’t stop running Plumber to service appliance

410.351 - ceiling fan – not moving air Replace, hard-piped to exterior

410.500 – Basement bath ceiling – sagging worn-out tiles Remove & replace

410.351 – Dryer – must be smooth hard pipe Install proper exhaust pipe as per

building code410.351 (A) – Heating Thermostats – not working properly Repair or replace – (licensedelectrician)

*410.750 (N) Smoke & CO Detectors – either not present or not working 24 hrs. to repair or replace

410.402, 410.450, IRC Sec. R314.3.1 Basement Bedroom Install code compliant emergencyegress. Upgrade smoke detectionsystem to a code compliant hard-wired system.


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THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAYUSE IN ORDER 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 payment. You can do

this without being evicted if:

A. You can prove that your dwelling unit or common areas contain violations which are serious enough toendanger 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 for it. (for this it is bestto put the rent money aside in a safe place.)

2. Repair and Deduct (General Laws Chapter 111 Section 127L).

This law sometimes allows you to use your rent money to make the repairs yourself. If your local codeenforcement agency certifies that there are code violations which endanger or materially impair your healthsafety 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 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 inany year to make the repairs.

3. Retaliatory Rent Increases or Eviction 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 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 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 rentmoney as is needed to correct the violation. The receiver is not subject to a spending limitation of four months

rent.

5. Search 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 netmeet 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 forwhich 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 LEGAL ACTION. IT IS ADVISABLE THAT

YOU CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICESOFFICE WHICH IS:

Western Mass Legal Services Tel: 413-781-7814One Monarch Place, Suite 400 | Springfield, MA 01144


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Amherst Housing Case

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