HomeMy WebLinkAboutMiscellaneous - 1 WALKER ROAD 4/30/20180
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RECEIVED
APR 12 2010
BOARD OF HEALTH
Building Commissioner/Inspector of Buildings
NORTH ANDOVER, MA 01845
Board of Health/Board of Selectmen
NORTH ANDOVER, MA 01845
LaMarche Associates
P.O. Box 179
Natick, MA 01760
508-650-9777
Fax: 508-650-9870
APR I J 2010
TOWN OF NORTH MDOVER
NOTICE OF CASUALTY LOSS TO BUILDING
UNDER MASSACHUSETTS GENERAL LAWS. CHAPTER 139, SECTION 3B
March 2, 2010
Claim has been made involving loss, damage or destruction of the property captioned below, which
may either exceed $1,000.00 or cause Massachusetts General Laws, Chapter 143, Section 6 to be
applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 3B is appropriate,
please direct it to the attention of the writer and include a reference to the captioned insured,
location, policy number, date of loss, cause of loss and LA file number.
Insured: MEADOW VIEW CONDOMINIUM TRUST
Loss Location: 1-14 WALKER ROAD
NORTH ANDOVER, MA 01845
Policy Number: 1120D14849
Date of Loss: 2/25/2010
Cause of Loss: Water
LA File Number: MA -2-16634
On this date, I caused copies of this notice to be sent to the persons named above at the addresses
indicated above by first class mail.
Thomas Bratkon
Adjuster
LaMarche Associates, Inc. - 800-349-1525
Page 1 of 1
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
WILLIAM J. SCOTT
Director
(978)688-9531
September 14, 1999
27 Charles Street
North Andover, Massachusetts 01845
Eliseo Hernandez, Property Mgr.
253 Elm Street
Medford, MA 02155
RE: 1 Walker Road, Unit 1
Dear Mr. Hernandez,
Fax(978)688-9542
This correspondence is in regards to the North Andover Health Department Order
to Correct, dated February 16, 1999 for the above address. This is an outstanding Order
that indicates that there were violations to the state Sanitary Code, 105 CMR 410,
identified during an authorized inspection. Due to a break in communication this issue
has remained unresolved, however, the Order is still in force until the violations to the
Housing Code have been corrected and this office has issued a Certificate of Compliance.
Please be advised that it is a violation of the consumer protection act and
regulations to rent an apartment with code violations. Most often it is the owner who
requests the re -inspection so that the COC can be issued as soon as possible. To date I
have not heard from you that these matters have been resolved. This letter is to inform
you that I will be conducting a re -inspection of this property and will follow up this letter
with the findings.
Please contact this office at (978) 688-9540 if you have any questions or would
like to discuss this matter further.
Sincere ,
- usan Ford
Health Inspector
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
9
Date. . //--t-x. �� .......
T7
IN, TOWN OF NORTH ANDOVER
MPERMIT FOR GAS INSTALLATION
This certifies that .........................
has permission for gas installation ...................
in the buildings of . -e. !'-,.
.... . . . . . . . . . . . . . .
at 14 AY . ........ , North Andover, Mass.
77
.... Lic. No.. 3 ki ! .. .... ....
Fee. INSPECTOR� ..........
Check# / //- (
5530
,IASSACHUSEM UNTF0&N1 ADPL ICATON FOR PERM TO DO GAS FnTING
(Type or print)
NORTH ANDOVER, MASSACHUSETTS
Building Locations
's Name
New ❑ Renovation �rJ Replacement
Date /-7/ -�& Q 6
Permit #
ount S 10
_AWL, Utes Pba"A.14 C.
Plans Submitted ❑
(Print D""Ce -
Name—/
Name / -t P14 6
Address
Businesstelephone C-? e-- (e),;-,? -Ar S
Name of Licensed Plumber or Gas F' r / L 1/4
Ch one: Certificate Installing Company
Corp.
Partner.
Lj Firm/Co.
IiNSURANCE COVERAGE • Check one:
I have a current liability Insurance policy or it's substantial equivalent. Yes 1:1 Noo
If you have checked yes, please in 'tate the type coverage by checking the appropriate box.
Liability insurance policy Other type of indemnity 1:3 Bond
Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the
Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner 13 Agent 13
t hereby certify that all of the details and info ation I have submitted ( r ente9f in above appl' t' true and accurate to the
best of my knowledge and that ,dl plumbing rk and installations pe orme der P it Is e r t is application will be in
ccinpliance with all pertinent provisions of the h . s . to gas nd ap r_1 th General Laws.
By:
Title
City, Town
t\-PPROVED (OFFICE USE otiLY;
Signature of icensed Plumber Or Gas Fitter
Plumber a/
Gas Fitter License . um er
Master
Journeyman
4TH. FL06R
i6TH. FLOOR
(Print D""Ce -
Name—/
Name / -t P14 6
Address
Businesstelephone C-? e-- (e),;-,? -Ar S
Name of Licensed Plumber or Gas F' r / L 1/4
Ch one: Certificate Installing Company
Corp.
Partner.
Lj Firm/Co.
IiNSURANCE COVERAGE • Check one:
I have a current liability Insurance policy or it's substantial equivalent. Yes 1:1 Noo
If you have checked yes, please in 'tate the type coverage by checking the appropriate box.
Liability insurance policy Other type of indemnity 1:3 Bond
Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the
Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner 13 Agent 13
t hereby certify that all of the details and info ation I have submitted ( r ente9f in above appl' t' true and accurate to the
best of my knowledge and that ,dl plumbing rk and installations pe orme der P it Is e r t is application will be in
ccinpliance with all pertinent provisions of the h . s . to gas nd ap r_1 th General Laws.
By:
Title
City, Town
t\-PPROVED (OFFICE USE otiLY;
Signature of icensed Plumber Or Gas Fitter
Plumber a/
Gas Fitter License . um er
Master
Journeyman
c-, >e cp
>1 A�j A-
77
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th Andover
OF
'MENT AND SERVICES
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ssachusetts 0 1845
Fax (978) 688-9542
nonymous complaint received at the
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COMPLAINT NUMBER
DATE:
COMPLAINTANT :tr �� �G
ADDRESS: , (,,� a I k aa- /2oaj" 14 /
CLOSE DATE:
PHONE: 5'�5, %
OWNER: �' ry> . Lsco
ADDRESS: 02 S3 l �,,�
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PHONE #:
INSPECTION DATE:
COMPLAINT:
ORDER L DATE:
ACTION:
NORTH ANDOVER HEALTH DEPARTMENT
120 Main Street • North Andover, MA 01845
Telephone (508) 682-6483, Ext. 32
Housing Inspection Report
COMPLAINT #
COMPLAINANT
ADDRESS OF PREMISES
OCCUPANT
-
OWNER
OWNER'S ADDRESS
DATE OF INSPECTIO
ROOMS/VIOLATION:
HOUR .2 ` DO
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'�'IfVSPECTOR
Form kHIR-t Action Press 885-7000 � l.a & A -t• �✓
Town of North Andover a N0 T1l
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES p
27 Charles Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT SSACHUSO-
Director
(978) 688-9531 Fax (978) 688-9542
NORTH ANDOVER BOARD OF HEALTH
ORDER
Issued under the provisions of the State Sanitary Code, Chapter II, Minimum
Standards of Fitness for Human Habitation, 105 CMR 410.000.
Date: February 16, 1999 cert. z 115 794 406
TO: Property Location:
Eliseo Hernandez, Property Mgr. Bldg. 1 Walker Rd
253 Elm Street Unit 1
Medford, MA 02155
North Andover,MA
01845
An authorized inspection was made of the property at the above address
by North Andover Health Department personnel on February 12,1999.
This inspection revealed violations of certain regulations of the State
Sanitary Code, Chapter II, as listed on the attached Violation Form. You are
hereby ORDERED to correct these violations within the time allotted on the
enclosed form. Failure to comply within the allotted time period may result in a
criminal complaint against you in the Lawrence District Court and may result in
an assessment of a fine.
You have the right to request a hearing before the Board of Health if you
feel this order should be modified or withdrawn. A request for said hearing must
be made in writing and received by the Health Department within seven (7) days
from the receipt of this order. At said hearing 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. All affected parties will be informed of the
date, time and place of the hearing and of their right to inspect and copy all
records concerning the matter to be heard. You may be represented by an
attorney. You also have the right to inspect and obtain copies of all relevant
records concerning the matter to be heard.
Soman Ford
Health Inspector
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Eliseo Hernandez
253 Elm Street
Medford, MA 02155
To whom ever it may concern,
I have received a letter from the North Andover Board of Health on Friday February 19, 1999.
This letter states that the property at 1 Walker Road Unit 1 North Andover, MA 01845 has violated
certain regulations of the State Sanitary Cod, Chapter ll. 1 spoke to the owner of the Meadowview
Condominium concerning the listed violations. He is the one in charge of fixing the building and
defects caused to the apartments because of the weakness in the building structure. The Child's room
observed wooden strapping wet and decaying along the outer wall. After speaking to the owner he
had mentioned that this was not an isolated incident that other apartments, I don't know which ones
have experienced similar problems. The result because of the building structure and weather led to
this incident. This is far from my control. The Bathroom shower wall tiles is missing, when the
apartment was rented to the present tenants they moved in soon after they were advised they were
going to be tenants that there was a verbal agreement that it would be fixed in soon time. It will be
fixed and tiles that are missing will be replaced. Kitchen water stains on the ceiling. Occasional water
leaks through. Also Water from common washer reportedly backs up into the kitchen sink of Apt 1.
The pipes under the sink were replaced before the tenants moved in because of the similar reason.
The piping of the building is the same for the sink and the washing machine. I can not determine if
this is something that I have control over. The building maintenance should look at the piping used in
the washing machine area not in the apartment itself. The repairs to the carpet will be made, but
because of the outside structure if the carpet is replaced the dampness will be a recurring problem. I
was informed by the owner of the Meadowview Condominium that intensive work will have to be done
to repair the problem. He informed me that it would be in the spring time or summer when the
weather is good. The painting of the ceiling and repair will be done. The reason why it may not be
soon is that the apartment must be empty while it is painted because of the reason that it is to cold to
open the windows to ventilate. This will be discussed with the tenant to inform them. I have taken
care of many problems the tenant has had because of the problems listed above, but because of
reasons beyond my control I can not repair the carpet or the problem with the sink. The other
problems are my concerns so I will repair the missing bathroom tile and the repair to the ceiling. If
there is a problem with anything stated in this letter I would like to attend a hearing so I may present
my case on this matter.
Thank You,
Eliseo Hernandez
VIOLATIONS TO BE CORRECTED OR A SIGNED AGREEMENT FOR
CORRECTION MUST BE SUBMITTED TO THE BOARD OF HEALTH NO
LATER THAN SEVEN (7) DAYS FROM RECEIPT OF THIS ORDER LETTER:
VIOLATION
REGULATION REINSPECTION
Child's Room - Under the rug 410.500
observed wooden strapping wet and decaying
rug pieces along outer wall water stained,
musty smell detected. Dr.'s note stated that the
child is experiencing increased allergies since_ the
previous water damage incident. -
■ Room must be free from chronic dampness,
molds and mildews
Remove all of the rug and wood in the room,
sanitize the floor with an appropriate
bleach solution, replace rug.
Bathroom shower wall tiles missing 410.500
■ Structural elements must be maintained
to be easily cleanable
Repair tiling
Kitchen water stains on the ceiling. 410.500
Occasional water leaks through.
■ structural elements must be maintained
Provide documentation of any previous work
done to address this problem and address
the issue.
Water from common area clothes washer 410.351
reportedly backs up into the kitchen sink of
Apt. 1.
■ All plumbing must meet the standards in
accordance with the plumbing standards.
Investigate and correct this condition
Cc: Patrice Lee, Tenant
Sandra Starr, Health Agent
File
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
(978)688-9531
NORTH ANDOVER BOARD OF HEALTH
ORDER
Issued under the provisions of the State Sanitary Code, Chapter II, Minimum
Standards of Fitness for Human Habitation, 105 CMR 410.000.
Date: February 16, 1999
TO:
Eliseo Hernandez, Property Mgr.
253 Elm Street
Medford, MA 02155
Cert. Z 115 794 406
'eo ,
o
p�AAT.O APP`�'�y/
Fax(978)688-9542
Property Location:
Bldg. 1 Walker Rd
Unit 1
North Andover, MA
01845
An authorized inspection was made of the property at the above address
by North Andover Health Department personnel on February 12,1999.
This inspection revealed violations of certain regulations of the State
Sanitary Code, Chapter II, as listed on the attached Violation Form. You are
hereby ORDERED to correct these violations within the time allotted on the
enclosed form. Failure to comply within the allotted time period may result in a
criminal complaint against you in the Lawrence District Court and may result in
an assessment of a fine.
You have the right to request a hearing before the Board of Health if you
feel this order should be modified or withdrawn. A request for said hearing must
be made in writing and received by the Health Department within seven (7) days
from the receipt of this order. At said hearing 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. All affected parties will be informed of the
date, time and place of the hearing and of their right to inspect and copy all
records concerning the matter to be heard. You may be represented by an
attorney. You also have the right to inspect and obtain copies of all relevant
records concerning the matter to be heard.
SS, man Ford
Health Inspector
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Legal Remedies for Tenants of
Residential Housing
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET
HOUSING CODE VIOLATIONS CORRECTED.
Rent Withholding (General Laws Chapter 239 Section 8A)
If Code Violations Are Vot Being Corrected you may be entitled to hold back your rent payments. You can do this without beim-,_
evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materi.
ally impair your health or safety and that your landlord knew about the violations before you were behind in your rent.
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 I 1 l 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 w hich endanger or materially impair your health, safety or well-being and your landlord has received written noticL
of the � iolations, you may be able to use this remedy. If the owner fails to begin necessary repairs (or to enter into a written contract to ha%e
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 t3
make the repairs.
Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section I8 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.
1. 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
the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the %iolation. The re-
cei%er is not subiect to a spending limitation of Four months' rent.
Breach of `,Warranty of Habitability.
V-1 may be entitled to sue your landlord to have ail or some of your rent returned if your dweiline unit does not meet minimum tanu-
ards of habitabiiity.
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 \ou ma}.,ue an
Jw mer.
THE iNFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD
YOL R RENT OR TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CAN-
NOT AFFORD TO CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH iS:
(NA,NIE)
(ADDRESS)
FORNI . t HOBBs d W .\RREN. 1`c. Nov. 1979
(TELEPHONE NUMSER1
Ask
The CammonWeai th of Massachusetts
- ,w SaEMARY OF ST1iTE
FEGULAnON'FMING AND PUBLICATION
L REGULATION CHAP= NMMER. AND HEADING:
940 CMR 3.17
Z. NAME OF AGENCY:
Office of the Attorney General, Consumer Protection Division
3. TMS DOCUMENT IS FROM TSE CODE OF MASSACHUSEM REGULATIONS
AND CONTAINS THE FOLLOWING:
940 CMR 3.17 Landlord - Tenant
• L esu env 0591916tortrA IN ImMONERI 02LI00:41 22 v•r.
COMPILED AS IN FULL FORCE AND EFFECT 12/31/gC-
A TRUE COPY A
YII JOSEPH C LL C
SECRETARY. OF STATE
3.17: Landlord -Tenant
12/31/86
(1) Conditions and Maintenance of a Dwelling Unit. It shall be an unfair or
deceptive act or practice for an owner to:
(a) Rent a dwelling unit which. at the inception of the tenancy
1. contains a condition which amounts to a violation of law which may
endanger or materially impair the health, safety, or well-being of the
occupant: or
2. is unfit for human habitation;
(b) Fail, during the terns of the tenancy, after notice is provided in
accordance with M.G.L. c. 111, s. 127L, to
1. remedy a violation of law in a dwelling unit which may endanger or
materially impair the health. safety, or well-being of the occupant. or
2. maintain the dwelling unit in a condition fit for human habitation;
provided. however, that said violation of law was not caused by the
occupant or others lawfully upon said dwelling unit;
(c) Fail to disclose to a prospective tenant the existence of any condition
amounting to a violation of law within the dwelling unit of which the owner
had knowledge or upon reasonable inspection could have acquired such
knowledge at the commencement of the tenancy:
(d) Represent to a prospective tenant that a dwelling unit meets all
requirements of law when. in fact. it contains violations of law;
(e) Fail within a reasonable time after receipt of notice from the tenant to
940 CMR - 23
940 CMR: OFFICE OF THE ATTORNEY GENERAL
3.17: continued
make repairs in accordance with a pre-existing representation made to the
tenant:
(f) Fail to provide services and/or supplies after the making of any
representation or agreement, that such services would be provided during the
term or any portion of the term of the tenancy agreement:
(g) Fail to reimburse the tenant within a reasonable or agreed time after
notice. for the reasonable cost of repairs made or paid for, or supplies or
services purchased by the tenant after any representation, that such
reimbursement would be made:
(h) Fail to reimburse an occupant for reasonable sums exnended to correct
violations of law in a dwelling unit if the owner failed to make such
corrections pursuant to the provisions of M.G.L. C. 111, s. 127L, or after
notice prescribed by an applicable law:
(i) Fail to comply with the State Sanitary Code or any other law applicable
to the conditions of a dwelling unit within a reasonable time after notice of a
violation of such code or law from the tenant or agency.
(2) Notices and Demands. It shall be an unfair or deceptive practice for an
owner to:
(a) Send to a tenant any notice or paper which appears or purports to be an
official or judicial document but which he knows is not;
(b) Fail or refuse to accept any notice sent to any address to which rent is
customarily sent, or given to any person who customarily accepts on behalf of
the owner, or sent to the person designated in the rental agreement in
accordance with 940 CMR 3.17(3)(b)2.
(c) Demand payment for increased real estate taxes during the term of the
tenancy unless, prior to the inception of the tenancy, a valid agreement is
made pursuant to which the tenant is obligated to pay such increase.
(3) Rental Agreements.
(a) It shall be unfair or deceptive act or practice for an owner to include in
any rental agreement any term which:
1. Violates any law;
2. Fails to stateclearly and conspicuously in the rental agreement the
conditions upon which an automatic increase in rent shall be determined.
Provided, however. that nothing contained in 940 CMR 3.17(3)(a)2 shall be
deemed to invalidate an otherwise valid tax escalator clause:
3. Contains a penalty clause not in conformity with the provisions of
M.G.L. c. 186, s. 15B;
4. Contains a tax escalator clause not in conformity with the provisions
of M.G.L. c. 186. S. 15C;
(b) It shall be an unfair or deceptive practice for an owner to enter into a
written rental agreement which fails to state fully and conspicuously, in
simple and readily understandable language:
1. The names, addresses, and telephone numbers of the owner, and any
other person who is responsible for the care, maintenance and repair of
the property;
2. The name, address, and telephone number of the person authorized to
receive notices of violations of law and to, accept service of process on
behalf of the owner,
3' The amount of the security deposit, if any; and that the owner must
hold the security deposit in a separate, interest-bearing account and give
to the tenant a receipt and notice of the bank and account number; that
the owner must pay interest, at the end of each year of the tenancy, if
the security deposit is held for one year or longer from the
commencement of the tenancy: that the owner must submit to the tenant
a separate written statement of the present condition of the premises, as
required by law, and that, if the tenant disagrees with the owner's
statement of condition, he/she must attach a separate list of any damage
existing in the premises and return the statement to the owner; that the
owner must, within thirty days after the end of the tenancy, return to the
tenant the security deposit, with interest, less lawful deductions as
provided in M.C.L. c. 186. s. 15B: that if the owner deducts for damage to
the premises, the owner shall provide to the tenant, an itemized list of
940 CMR - 24
12/31/86
940 C,,IR: OFFICE OF THE ATTORNEY GENERAL
3.17: continued
such damage. and written evidence indicating the actual or estimated cost
of repairs necessary to correct such damage: that no amount shall be
deducted from the security deposit for anv damage which was listed in the
separate written statement of present condition or any damage listed in
any separate list submitted by the tenant and signed by the owner or his
agent: that, if the owner transfers the tenant's dwelling unit, the owner
shall transfer the security deposit. with any accrued interest, to the
owner's successor in interest for the benefit of the tenant.
(c) It shall be unfair and
copy
odf any written trentalce for
agree agreement within thirtygive
(3 1
tenant an executed cop.
days of obtaining the signature of the tenant thereon.
(4) Security Deoosits and Rent in Advance. It shall be an unfair or deceptive
practice for an owner to:
(a) require a tenant or prospective tenant, at or prior to the commencement
of any tenancy, to pay any amount in excess of the following:
1. rent for the first full month of occupancy: and
2. rent for the last full month of occupancy calculated at the same rate
as the first month: and
3. a security deposit equal to the first month's rent: and.
4. the purchase and installation cost for a key and lock.
or. at any time subsequent to the commencement of a tenancy, demand rent
in advance in excess of the current month's rent ora security deposit in
excess of the amount allowed by 940 CMR 3.17(4)(a)3.
(b) fail to give to the tenant a written receipt indicating the amount of rent
in advance for the last month of occupancy, and a written receipt indicating
the amount of the security deposit. if any, paid by the tenant. in accordance
with M.G.L. c. 186. s. 158:
(c) fail to pay interest at the end of each year of the tenancy, on any
security deposit held for a period of one year or longer from the
commencement of the term of the tenancy, as required by M.G.L. c. 186, s.
158:
(d) fail to hold a security deposit in a separate interest-bearing account or
provide notice: to the tenant of the bank and account number, in accordance
with M.G.L. c. 186. s. 15B:
(e) fail to submit to the tenant upon receiving a security deposit or within
ten days after commencement of the tenancy, whichever is later, a separate
written statement of the present condition of the premises in accordance
with M.G.L. c. 186. s. 15B;
(f) fail to furnish to the tenant. within thirty days after the termination of
occupancy under a tenancy -at -will or the end of the tenancy as specified in a
valid written rental agreement, an itemized list of damage. if any. and
written evidence indicating the actual or estimated cost of repairs necessary
to correct such damage, in accordance with M.G.L. c. 186. s. 158:
(g)! fail to return to the tenant the security deposit or balance thereof to
which the tenant is entitled after deducting any sums in accordance with
M.G.L. c. 18G. S. 158, together with interest. within thirty days after
termination of occupancy under a tenancy -at -will agreement or the end of
the tenancy as specified in a valid written rental agreement:
(h) deduct from a security deposit for any damage which was Listed in the
separate written statement of present condition given to the tenant prior to
execution of the rental agreement or creation of the tenancy, or any damages
listed in any separate list submitted by the tenant and signed by the owner or
his agent:
(i) fail. upon transfer of his interest in a dwelling unit for which a security
deposit is held. to transfer such security deposit together with any accrued
interest for the benefit of the tenant to his successor in interest. in
accordance with M.C.L. r.. 186. s. 138:
(j) fail. upon transfer to him of a dwelling unit for which a security deposit is
held. to assume liability for the retention uid return of such security deposit.
regardless of whether the .security deposit was. in fact. transferred to him by
the transferor of the dwelling unit. in accordance with M.C.L. c. 186. s. 158:
provided. that this section (j) shall not apply to a city or town which acquires
property pursuant to M.C.L. c. 60 or to a foreclosing mortgagee or a
12/31/86 940 CMR - 25
940 CNIR: OFFICE OF THE ATTORNEY GENERAL
3.17: continued
mortgagee in possession which is a financial institution chartered by the
Commonwealth or the United States. or:
(k) otherwise fail to comply with the provisions of M.G.L. c. 186. s. 15B.
This regulation shall not he deemed to limit any rights or remedies of any
tenant or other person under M.G.L. c. 186. ss. 15B (6) or (7),
(5) Evictions and Termination of Tenancy. It shall be an unfair and deceptive
practice for an owner to:
(a) Deprive a tenant of access to or full use of the dwelling unit or otherwise
exclude him without first obtaining a valid writ of execution for possession of
the premises as set forth in M.G.L. c. 239 or such other proceedings
authorized by law:
(b) Commence summary process for possession of a dwelling unit before the
time period designated in the notice to quit under c. 186. ss. 11 and 12, has
expired: provided. however. nothing in this section shall effect the rights and
remedies contained in M.G.L. c. 239 s. 1A.
(6) Miscellaneous. It shall be an unfair and deceptive practice for an owner to:
(a) impose any interest or penalty for. +late payment or rent unless such
payment is thirty (30) days overdue:
(b) Retaliate or threaten to retaliate in any manner against a tenant for
exercising or attempting td exercise any legal rights as set forth in M.G.L. c.
186, s. 18:
(c). Retain as damages for a tenant's breach of lease. of the failure of a
prospective tenant to enter into a written rental agreement after signing a
rental application. any amount which exceeds the damages to which he is
entitled under the law. or an amount which the parties have otherwise agreed
as to the amount of the damages: _
(d) Require payment for rent for periods during which the tenant was not
obligated to occupy and did not in fact occupy the dwelling unit unless
,otherwise agreed to in writing by the parties:
(e) Enter a dwelling unit other than (i) to inspect the premises. or fill to
make repairs thereto. or (iii) to show the same to a prospective tenant,
purchaser, mortgagee or its agents. or (iv) pursuant to a court order. or (v) if
the premises appear to have been abandoned by the tenant, or (vi) to inspect,
during the last thirty (30) days of the tenancy or after either party has given
notice to the other of intention to terminate the tenancy, for the purpose of
determining the amount of damage. if any, to the premises which would be
cause of reduction from any security deposit held by the owner.
(f) To violate willfully any provisions of M.G.L. c. 186. s. 14.
(g) It shall be an unfair practice for any owner who is obligated by law or by
the express or implied terms of any tenancy agreement to provide gas or
electric service to an occupant:
1. To fail to provide such service: or
2. To expose such occupant to the risk of loss of such service by failing to
pay gas or electric bills when they become due or by committing larceny
or unauthorized use of such gas or electricity. For the purpose of this
regulation a bill shall be deemed "due" only after the owner has had an
opportunity to contest it at a Department of Public Utilities hearing or
any appeal from such hearing during which termination of service has
been stayed.
3.18: Severabilitv
If any provision of these regulations or the application of such provision to any
person or circumstances shall be held invalid. the validity of the remainder of
these regulations and the applicability of such provision to other persons or
circumstances shall not be affected thereby.
REGULATORY" .AUTHORITY
940 CMR 3.00: M. G. L. c. 93A. s. 2(c).
12/31/86 940 CMR - 26
Building Commissioner/Inspector of Buildings
NORTH ANDOVER, MA 01845
Board of Health/Board of Selectmen
NORTH ANDOVER, MA 01845
RECEIVED
Ila 12 2010
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
NOTICE OF CASUALTY LOSS TO BUILDING
LaMarche Associates
P.O. Box 179
Natick, MA 01760
508-650-9777
Fax: 508-650-9870
January 27, 2010
UNDER MASSACHUSETTS GENERAL LAWS, CHAPTER 139, SECTION 3B
Claim has been made involving loss, damage or destruction of the property captioned below, which
may either exceed $1,000.00 or cause Massachusetts General Laws, Chapter 143, Section 6 to be
applicable. If any notice under Massachusetts General Laws, Chanter 139, Section 3B is appropriate,
please direct it to the attention of the writer and include a reference to the captioned insured,
location, policy number, date of loss, cause of loss and LA file number.
Insured: MEADOW VIEW CONDOMINIUM TRUST
Loss Location: 1-14 WALKER ROAD
NORTH ANDOVER, MA 01845
Policy Number: 1120D14849
Date of Loss: 1/25/2010
Cause of Loss: Water
LA File Number: MA -2-16447
On this date, I caused copies of this notice to be sent to the persons named above at the addresses
indicated above by first class mail.
Thomas Bratkon
Adjuster
LaMarche Associates, Inc. - 800-349-1525
Page 1 of 1
Building Commissioner/Inspector of Buildings
NORTH ANDOVER, MA 01845
Board of Health/Board of Selectmen
NORTH ANDOVER, MA 01845
M
JUL 12 2010
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
NOTICE OF CASUALTY LOSS TO BUILDING
LaMarche Associates
P.O. Box 179
Natick, MA 01760
508-650-9777
Fax: 508-650-9870
January 28, 2010
UNDER MASSACHUSETTS GENERAL LAWS, CHAPTER 139, SECTION 3B
Claim has been made involving loss, damage or destruction of the property captioned below, which
may either exceed $1,000.00 or cause Massachusetts General Laws. Chapter 143, Section 6 to be
applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 3B is appropriate,
please direct it to the attention of the writer and include a reference to the captioned insured,
location, policy number, date of loss, cause of loss and LA file number.
Insured: MEADOW VIEW CONDOMINIUM TRUST
Loss Location: 1-14 WALKER RD
NORTH ANDOVER, MA 01845
Policy Number: 8120D14849
Date of Loss: 1/25/2010
Cause of Loss: Water
LA File Number: MA -2-16460
On this date, I caused copies of this notice to be sent to the persons named above at the addresses
indicated above by first class mail.
Thomas Bratkon
Adjuster
LaMarche Associates, Inc. - 800-349-1525
Page 1 of 1