HomeMy WebLinkAboutHigh St. #88 - 3/17/2003SALES • RENTALS • PROPERTY MANAGEMENT
Mr. SCOTT LEITE
MANSFIELD BOARD of HEALTH
6 PARK ROW
MANSFIELD, MA 02048
Re:
Your letter to Mr,
88 High Street
Mansfield, MA
Dear Mr. Leite:
March 17, 2003
John Brooks dated March 13, 2003 concerning the property located at:
At the request of Mr. John Brooks, I arranged to have Mr. Michael Delfino, a Supervisor /
Contractor Licensed by the Commonwealth of Massachusetts (License #029094), contact Mr.
Craig Sullivan, Tenant, at 88 High Street, Mansfield, MA to make arrangements to correct the
window problem mentioned in your Inspection Report dated Feb. 28, 2003 and received by Mr.
Brooks on or about March 15, 2203.
Mr. Delfino did make telephone contact this date (Monday, March 17, 2003 @ approximately
4:35pm. Mr. Sullivan indicated that today was not convenient and that next Monday (March 24,
2003) would be better; both Mr. Sullivan and Mr. Delfino agreed that a time frame around
4:30pm to 5:00pm would be suitable.
Mr. Delfino plans to make that appointment to correct the problem.
Sincerely
MALLEY REAL// STATE r. Michael i , Contr for
Bernard S. O'Malley, Agent for: 144 East St., Mangy field, MAr
Mr. John Brooks,
Owner of the subject property at 88 High Street, Mansfield, MA
Cc - Mr. John Brooks, 42 Shady Lane., Weymouth, MA 02190
Mr. Michael Delfino, 144 East St., Mansfield, MA 02048
Atty. D. Blake, 89 No. Main St., Attleboro, MA 02703
121 NORTH MAIN STREET • MANSFIELD, MA 02048 • (508) 339-2942
TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 02048
March 13, 2003
John W. and Mary Brooks
48 Shady Lane
Weymouth, MA 02190
Re: 88 High Street
(Dear Mr. Keefe)
In accordance with Chapter i 11, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR
400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State
Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was made by
myself of 88 High Street, owned by you on February 28 at 9:00 AM. The inspection revealed the following
violations, which are followed by the Sanitary Code requirement:
Item 1: Kitchen windows ill fitting, difficult to open.
Violation:.500: Owner's Responsibility to Maintain Structural Elements
.501: WeathertightElements
One or more of the above violations are such that they endanger and materially impair
the health, safety or well-being of the occupants.
You are ordered to begin correcting the violations within five (5) days or to contract in writing with a third party
for the correction of the violations within five (5) days of the receipt of this order and to complete all corrections
within twenty-one (21) days or to make a good faith effort to substantially correct all violations within the
allotted time.
Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A
request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of
receipt of this order.
At said heating you will be given an opportunity to be heard and to present witness and documentary evidence as
to why this order should be modified or withdrawn. You may
be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all
relevant inspection reports, orders, notices and other documentary information in the possession of this Board,
and that any adverse party has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupants to use one or more of the statutory
remedies available to them as outlined in the enclosed inspection report form.
You are also responsible for any and all lead paint testing and abatement.
Cl�Ve •tt`Gly yo
ANSF B OF HEALTH
Scott Leite, Health Agent
C: Sullivan
CERTIFIED MAIL: 7099 3400 0008 9408 2847
Health Department Housing Inspection Report
Town of Mansfield
6 Park Row, Mansfield, MA Inspector: Scott Leite, Health Agent
508.261.7366 Date: f 0d Time: alr\ ,4,�
Dwelling Location: XY-A-1(yvl '�; 1 Unit Number:
Tenant: 1. t la5-j Phone:
Phone:
Address:
The following is a description and listing of the specific conditions violating 105 CMR
410.000:
2.
3.
4.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
11
.351 Owner's Installation and Maintenance Responsibilities (Items )
.352 Occupant's Installation and Maintenance Responsibilities (Items )
.500 Owner's Responsibility to Maintain Structural Elements (Items )
.481 Name of owner not posted.
❑ .482 Smoke detectors provided, present and maintained.
❑ .484 Building Identification
This housing inspection ❑ has / as not revealed conditions deemed to endanger or
impair health or safety. If found, the following check list is notice of those conditions.
This inspection -report is signed and certified under the pains and penalties of perjury.
Signed: Scott Leite, Health Agent
Revised November 6,1997
Additional Violations
NOTES
Conditions Deemed to Endanger or Impair Health or Safety
One or more of the following conditions have been found to exist and are deemed to be
conditions which may endanger or impair the health, or safety and well being of a person
or persons occupying the premises.
105 CMR 410.750 Conditions Deemed to Endanger or Impair Health or Safetv
❑ A Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of
the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer.
❑ B. Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of space heater or water heater as prohibited by
105CMR 410.200(B) and 410.202.
❑ C. Shutoff and/or failure to restore electricity or gas.
❑ D. Failure to provide electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in common area required
by 105 CMR 410.254. '
❑ E. Failure to provide a safe supply of water.
❑ F. Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1) and
410.300.
❑ G. Failure to provide adequate exits, or the obstruction of any exit, passage way or common area caused by any object, including garbage or
trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451, 410.452.
❑ H. Failure to comply with the security requirements 105 CMR 410.480(D).
❑ I. Failure to comply with any provisions of 105 CMR 410.600, 410.601, or 410.602. which result in any accumulation of garbage, rubbish,
filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to
accidents or the creation or spread of disease.
❑ J. The presence of leadbased paint on a dwelling or dwelling unit in violation 105 CMR 460.000: Lead Poisoning Prevention and ControL
(See MGL c 111, ss 190 through 199.)
❑ E, Roof, foundation or other structural defects that may expose the occupants or anyone else to fire, bums, shock accident or other danger
or impairment to health or safety.
❑ L. Failure to install electrical, plumbing, heating and gasbuming facilities in accordance with accepted plumbing, heating, gasfitting and
electrical wiring standards or failure to maintain such facilities as required by 105 CMR 410.351 and 410.352, so as to expose the occupant or
anyone else to fire, bums, shock, accident or other danger or impairment to health or safety.
❑ M. Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust
or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353.
❑ N. Failure to provide a smoke detector 105 CMR 410,482.
❑ O. Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the
owner of said condition or conditions:
❑ 1. Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove
and oven or any defect that renders either inoperable.
❑ 2. Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and
410.150(A)(3) or any defect which renders them inoperable.
❑ 3. Any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in
violation of generally accepted plumbing, heating gasfitting, or electrical wiring standards that do not create an
munediate hazard.
❑ 4. Failure to maintain a safe handrail or protective railing for every stairway, porch, balcony, roof or similar place
as required by 105 CMR 410.503(A) and 410.503(B).
❑ 5. Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550.
P. Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A) through (0) shall be deemed to be a
condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of
the owner to remedy said condition within the time so ordered by the board of health.
Legal Remedies for Tenants of Residential Housing
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, Section127L)
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 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 you 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
rent money as is needed to correct the violation. The receiver is not subject to a spending limit of four month's
rent.
Breach of Warranty 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 service office which is:.
New Center for Legal Advocacy
508.824.0888
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