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Miscellaneous - 114 MARBLEHEAD STREET 4/30/2018
114 MARbLthtAu 5 i xtt r 210/009.0-0019-0000.0 I r f i L I 1 FILE COMMENTS Name. Hope W tf e H id i ld t Comments: 11611-Marblehead Street Date: June 19, 2006 Hope called on Monday indicating she did not have running water in her bathtub. Said she called the landlord at least 4 times over the weekend. She said, they said she needed to deal with it until Monday. She wants to know what her recourse against him can be. Spoke to Mark, the homeowner, Hope called him twice, once on Sunday evening at 5:43pm and once at 6:24pm and left a message. Mark was at the movie theater; he got_the message at about 7:OOpm, Sunday evening. He told her that a plumber would be there on Monday morning. She also stated that she had known all weekend that there was no running water in the tub, however didn't have time to call him until Sunday night. The work was completed by 11:OOam on Monday morning. Hope wants to know when Sue will come out for a final inspection. I told her probably on Wed. Also, Hope wanted the Electrical inspector to come out. I told her I would give Peter the message. Susan Did Not see or Sight any Electrical violations. i f 1 1� 1 I North Andover Board of Assessors Public Access Page 1 of 1 Parcel ID: 210/009.0-0019-0000.0 Community: North Andover SKETCH PHOTO Click on Sketch to Enlarge F-1 N0% Picture Hable wl I Location: 114-116 MARBLEHEAD STREET Owner Name: ROIX, DIANA DORSETT,JOSEPH Owner Address: 125 MEADOW VIEW ROAD City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 5 -5 Land Area: 0.19 acres Use Code: 105 - THREE-FM-RES Total Finished Area: 2937 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 384,000 358,600 Building Value: 209,100 196,700 Land Value: 174,900 161,900 Market Land Value: 174,900 Chapter Land Value: LATEST SALE Sale Price: 1 Sale Date: 05/24/2004 Arms Length Sale Code: A-NO-FAMILY Grantor: ROIX,DIANA Cert Doc: Book: 8810 Page: 6 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=3&Linkld=801274 5/16/2006 North Andover Board of Assessors Public Access Page 1 of 1 J Y ' r • aV MATCHING PARCELS Fiscal parcel ID Address Owner Name Year 114- ROIX, DIANA 2006 210_009.0-0019-0000.0 116 MARBLEHEAD DORSETT, JOSEPH STREET CHRISTIAN 2006 210%009.0-0018-0000.0 T MARBLEHEAD AMPENBERGER STREET OR S RIEDERER OLYMPIA VI REALTY 119- TRUST 2006 210/009.0-0044-0000..0 121 MARBLEHEAD STERGIOS T STREET PAPADOPULOS, TRUSTEE CLARK, JAMES J 122 MARBLEHEAD C/O AMPENBERGER, 2006 210/009.0=0017-0000,_0 STREET CHRISTIAN & RIEDERER, S 2006 210/009.0-0045-0000.0 123 MARBLEHEAD MC ELHINEY JR, JOHN - STREET A 127- HOLMES REALTY 2006 210/009.00-0046-0000.0 131 MARBLEHEAD TRUST STREET HOLMES, FRANCIS R & SUE ELLEN GRAY, CHARLES P 2006 210/010.0-0053-0000.0 165 MARBLEHEAD C/O FINOCCHIARO, STREET RONALD JR & MICHELLE 2006 210/010.0-0020-0000.0 176 MARBLEHEAD CAREY, NANCY STREET 222- BLACKSTOCK REALTY 2006 210/0.10.0-0044-0000.0 224 MARBLEHEAD TRUST STREET ANNA K NARDI, LT Page: 5 of 5 1 2 3 4 5 http://csc-ma.us/NandoverPubAcc/jsp/Home jsp?Page=2&RecNo=41 5/16/2006 SENDER: COMPLETE THIS SECTICW COMPLETE THIS SECTION ON DELIVEJ4Y ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired: X ❑Agent ■ Print your name and address on the reverse A ❑Addressee so that we can return the card to you. B. Received b (Printed Name) C.bate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 w D. Is delivery address different fromitem 1? ❑Yes 1. Article Addressed to: —if-YES,enter delivery address below: ❑No EP 1204I ' 3. Servic Type Tori� HER 'r+ ertified Mail ❑ExpressI Mail O/ ❑_Registere_Cdr_; ❑Return Receipt for Merchandise 11 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ! !! ° i ((transfer from service label) f'� 11 i 7003 2260' 006"8627 '0377 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 t UNITED STATES INIA OWES-. d� Tg es'�a • Sender: Please print your name, address, and ZIP+4 in this box • NORTH ANDOVER HEALTH DEPT. 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 = 6191141151 :}46 G ! 111j1111111,11111111 11111111111 till] 'J IIII J f i 1 I1-IIi IIII IIII U.S. Postal ServiceT�� 'EER i IFIED I�IIAILTo, RECEIF�' (Domestic Mail Only;No Insurance Coverage,Provided) EF,,oidelivery,information,,visit ourwwek site at,www.usps.com; OFFICIAL Certifiediftil Navides: as�anabJZ00Z� `w' o A mailing receipt j r'ooee iod Sd a A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. o For an,additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the.clerk or mark the mailpiece with the endorsement"Restricted-Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present It when making an inquiry. Internet access to delivery information Is not available on mail addressed to APOs and FPOs. rt ja tkORTH • O �ttec ° N rao RI 9 ��SSRC HUS���y PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Compliance DATE: August 29, 2006 TO OWNER OF RECORD PROPERTY LOCATION Mark Espero and Kevin Willoe 116R Marblehead Street Mailing Address North Andover, MA PO Box 351 N. Andover, MA 01845 A Health Department ORDER LETTER dated June 7, 2006 was issued to you as owners of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation. A re-inspection of the property on August 29, 2006 has found that all of the violations noted on the Order Letter have been corrected. Thank you for your cooperation in this matter. Ysan , Sawyer, REHS/RS Public Health Director Xc: File 1600 Osgood Street,North Andover,Mossochusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthondover.com tkoRTH O �t�aa br �4 OL O IL o ,. 9 1GD P, CHU COCKKW WKK PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Comaliance DATE: August 29, 2006 TO OWNER OF RECORD PROPERTY LOCATION Mark Espero and Kevin Willoe 116R Marblehead Street Mailing Address North Andover, MA PO Box 351 N. Andover, MA 01845 A Health Department ORDER LETTER dated June 7, 2006 was issued to you as owners of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation. A re-inspection of the property on August 29, 2006 has found that all of the violations noted on the Order Letter have been corrected. Thank you for your cooperation in this matter. Sincerely, - S san Y. Sawyer, REHS/RS Public Health Director Xc: File 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorlhandover.com lg �r�y 0 � � I T Q G.4.40 �t CQCSYC Ml1b1CY v PUBLIC HEALTH DEPARTMENT Community Development Division Date: June 27, 2006 15 To Owner of Record: II �a �erty Location: j Mark Espero and Kevin Willoe f Marblehead Street Mailing Address �� �h Andover, MA PO Box 351 ' N. Andover, MA 01845 The Health Department has received a fax_anJ---------'4ng documentation regarding the Northeast Housing Court S�— �- �idtfeldt vs. Willoe and Sparo. For reasons explained inl Department's re-inspection of 116R Marblehead Street has >� n�� ` Ewen rescheduled to date. The Health Department understand, ►s the property, the owners will be attending to any outstan, S ?initial Board of Health Order. rl� Please be advised that prior to renting thi nius t, the Health Department must inspect and issue a Certificate of Compliance to the owner. Failure to obtain a Certificate of Compliance would be in violation of 105 CMR 410.010, "No person shall occupy as owner-occupant or let to another for occupancy any dwelling, dwelling unit.... for the purpose of living, sleeping, cooking or eating there, which does not comply with the requirement of 105 CMR 410. Please contact the Health Office if you have any questions or concerns regarding this correspondence. Ink , yer, RS Public Health Director Cc: Hope Widtfieldt, Tenant 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9540 Fax 918.688.8416 Web wwwjownofnorthandover.com �q4 � ,6v LK.KxdleKM V CH PUBLIC HEALTH DEPARTMENT Community Development Division Date: June 27, 2006 To Owner of Record: Property Location: Mark Espero and Kevin Willoe 116R Marblehead Street Mailing Address North Andover, MA PO Box 351 N. Andover, MA 01845 The Health Department has received a fax and accompanying documentation regarding the Northeast Housing Court Stipulation in the matter of Widtfeldt vs. Willoe and Sparo. For reasons explained in the documents, the Health Department's re-inspection of 116R Marblehead Street has been cancelled and has not been rescheduled to date.The Health Department understands that after the tenant vacates the property, the owners will be attending to any outstanding violations noted on the initial Board of Health Order. Please be advised that prior to renting this unit, the Health Department must inspect and issue a Certificate of Compliance to the owner. Failure to obtain a Certificate of Compliance would be in violation of 105 CMR 410.010, "No person shall occupy as owner-occupant or let to another for occupancy any dwelling, dwelling unit.... for the purpose of living, sleeping, cooking or eating there, which does not comply with the requirement of 105 CMR 410. Please contact the Health Office if you have any questions or concerns regarding this correspondence. Thank u, S an Sawyer, RS Public Health Director Cc: Hope Widtfieldt, Tenant 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 fax 918.688.8476 Web wwwjownofnorthandover.com -114 MARBLEHEAD STREET 009.0-0019 Complaint Detail Repot Printed On:Tue May 16,2006 Complaint#: CT-2006-000038 Status: lindiscovery GIS#: 195 Violator: Hosrk Address: -114 MARBLEHEAD STREET Map: 009.0 Address: 3� 4• as Date Recvd.: May-16-2006 Time Recvd.: 11:09 AM Block: 0019 o o Category: Housing Lot: Type: i • i � = GeoTMS Module: Board of Health District: Trade: �, '4.•.,••`icy Recorded By: Pamela DelleChiaie Zoning: Structure: SSwCNUSE — -- -- -- -- Description _ Complaint: On 5/16/06 at 10:50 a.m.,I received a call from Hope Widtfieldt,a tenant at 116,1st Floor,Rear;Marblehead Street. Phone:978.930.2062-Cell;978.687.0733- Home phone. Tenant is on Section 8,and states that her rent has always been paid on time,and is up to date on rent. Caller has been a tenant at this location for four years. IN that time,building has been sold four times. A week and a half ago,signed a new lease that includes the landlord paying heatthot water. She is now a tenant at will,and she and/or landlord are allowed to give 60 days notice to vacate premises. She has had no hot water in the kitchen since last Thursday. Also,the refrigerator door will not stay closed. Called landlord on Sunday,and has had no response. She cannot keep food at temperature,as the door will not stay closed. Landlords:Mark Espero:617.953.7592;and Kevin Willoe:617.50.7313. P � Please call tenant and setup a time to do_an inspection. A'1_` _ Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response May-16-2006 11:09 AM Hope Widtfieldt (978)687-0733() Pamela DelleChiaie Follow-Up by Health Inspector Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL 11 s I L-- �s a_ � !o �.6 1 � o�-v"--c. ice---� �J G/tr � tit -fit ay al/t�'i, S L�� �'•�S e> a-roc-z GeoTMS®2006 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 Jun 22 06 09;48p Kevin Willoe 978-258-6604 p.1 FAX To: Susan Sawyer From: Kevin Willoe MKS, Inc. Subject: Hope Widtfeld Departure P: 978-258-6602 F: 978-258-6604 Fax#: 688-9542 Date: June 22, 2006 COMMENTS: Susan, Enclosed are the details regarding Hope Widtfetd moving out of 116R Marblehead Street Please let me know if our request is agreeable to you. I can be reached at 617-510-7313 Thanks Kevin Jun 22 06 09:48p Kevin Willoe 978-258-6604 p.2 June 22,2006 Susan Sawyer Director North Andover Health Department 1600 Osgood St. North Andover, MA Dear Susan, Today we met with Hope Widtfeldt and a mediator at the North East Housing Court in Lawrence. Based on an agreement with reached with Hope,she will be vacating 116R Marblehead Street by July IS'2006. (see the enclosed Dismissal Document) Upon Hopes departure we plan on renovating the entire unit including a new kitchen floor and appliances. For this reason we ask that any further action by the Health Department by discontinued since the tenant will be leaving and the unit will be refurbished. Please let me know if the Health Department is agreeable to this; I can be reached at 617-510-7313. Thank You Kevin Willoe&Mark Esparo Owners 114-116 Marblehead Street CC: Sandy Richards-North Andover Housing Authority Jun 22 06 09:48p Kevin Willoe 978-258604 p.3 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT +✓ID't'F�L9T Plaintiff ITO j�YIN �iLLO� ►yRRK SS�,4Qv Defendant PULATION H DISMISSAL The undersigned parties hereby stipulate and are ollows .� Sd,ALL 1ldGAl 'i t1b-t���la , tdoR'[1e 13 �.esd. ScYi7�Smt-S 4VN��7 2+eoG ODA Nis Sf3 Le.. .fi?'Cf 1 w 1a�NG M K A0V tR caNt>�'Y'�U�BCS:To --.�TogA6�' �rpGf.iTY Ilv'T6� T1p .P 4caroTZ AN A Co tom 4 eLJ- UAVX AM s, +'avVAcD' 'TMi~ S %.I 4r-"ImS N1D �u1 1�ou AV ollr of =T1JtS 6 tS -!E`.7Y�fiUGY S �R'M i tJ O 'i�r ?'!✓TVitt. vAV-T�s Vq ...� i' Q► ^TiSC$)It is furtherag ec that ncase be "ismisse with -prejudice, (004 add,`{ ZOO Za7C. � px� aV•J3 t%,eoca, Avr q� o�a►rrt c�A�-'- V.VVmx sem- .7 7 C S�Ytcr! ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT If questions arise, please consult the housing specialist I UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE A JUDGE, BUT INSTEAD I CHOOSE TO SIGN THIS AGREEMENT 1111' Avla a� Si ed and dated � - aRa1 d Sign and dated by,� N�Krs e Plaintiff s Attorney Defendant's Attorney Housing Specialist Judge COPIES ) ILED) TO PARTIES ON x North Andover Health Department o� Noe Ory qti 1600 Osgood Street Letter ofTransmittal <t �` • ° O Building 20, Suite 2-36 North Andover, MA 01845 . 978.688.9540 - Phone Page / of �9q•RATEO 978.688.8476— Fax 9SSACHUS�� healthdept((D-townofnorthandover.com-E-mail www.townofnorthandover.com-Website TO: ` � DATE: COMPANY: FROM: Pamela DelleChiaie,Health Department Assistant RE. Phone: Fax: / /!/ !/. k We are sending you. O Copy of Letter O Plans O Other(fill in below) These are transmitted as checked below: ➢ O Oro xAbW ➢ *pvvd ➢ 0Rm" apesfar ➢ AsR ➢ L7fxRb&*w4 daw#naat 4*YV&rd REMP K /� both get 50 FREE k A / Cp SIGNI D a& ps® /7v� .\w.GreenMountainCofCUP North Andover Health Department NORrh q O mac '° ti 1600 Osgood Street Letter of Transmittal '�? °fit_ •6 ��` Building 20, Suite 2-36 t North Andover, MA 01845 y 978.688.9540 - Phone Page / of 7.45 COCMIC-.WKM 1' 978.688.8476 — Fax SACHUS� healthdept(cDtownofnorthandover.com-E-mail www.townofnorthandover.com-Website T0: � � DATE: COMPANY: O FROM: Pamela DelleChiaie,Health Department Assistant RE: Phone: �P/ /' /✓�s �J�yQ� ��i �'// Fax: 1/17 G��'l�"� We are sending you: O Copy of Letter O Arns O Other(fillin he%w) These are transmitted as checked below: ➢ o aisNvied ➢ L7FwAAwvvd ➢ 0AWo6 O ap�sfor );I. AsR ➢ OForRe*%varda # a�orovd ➢ OAslPgF&vd ➢ 0&ryowaz ➢ aSr" alpiiwford#.. REMARKS: COPY TO: COPY TO: COPY TO: SIGNED: 6 I TRANSMISSION VERIFICATION REPORT TIME 06/08/2006 15:09 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 06/08 15:07 FAX NO./NAME 819782586604 DURATION 00:00:24 PAGE(S) 02 RESULT OK MODE STANDARD ECM i III � I tAORT14 q O aD ,s= O t� � CO, ey � O CYLNICH#WKN ��SSAC HUS���� PUBLIC HEALTH DEPARTMENT Community Development Division Date: June 7, 2006 To Owner of Record: Property Location: Mark Espero and Kevin Willoe 116R Marblehead Street Mailing Address North Andover, MA PO Box 351 N. Andover, MA 01845 The Health Department has received your request for an extension in regard to the property listed above. For the reasons listed in your letter of June 6, 2006, the Health Department has granted you additional time to address the issues listed in the Order Letter dated May 31, 2006. An extension has been granted until June 19, 2006. Please contact the Health Office if you have any questions or concerns regarding this extension. Thank you ,,PuS Sawyer, RS/REH b c Health Director Cc: Hope Widtfieldt Tenant 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Page 1 of 1 DelleChiaie, Pamela From: Sawyer, Susan Sent: Wednesday, June 14, 2006 9:32 AM To: DelleChiaie, Pamela Subject: FW: Hope - 116R Marblehead Street Importance: High FYI this is what is going on with this housing case. I hope it will be addressed this am, but in case it ishn't here is a recent communication. The tenant refuses to turn on her own gas because her lease is incorrect. Housing Auth. says differently. Once we receive documentation, we can amend the housing OL stating that the Health Dept. has determined that sufficient evidence has been provided in support of the gas being the responsibility of the tenant, and that the order is to be amended and the hot water issue removed. S -----Original Message----- From: Kevin Willoe [mailto:kwilloe@comcast.net] Sent: Tuesday, June 13, 2006 4:50 PM To: Sandy Richards Cc: Sawyer, Susan; mbesparo@yahoo.com Subject: Hope Importance: High Sandy, Mark spoke with Susan Sawyer at the Health Department and she has a concern about us switching Hopes bathroom hot water over to her water heater without verification from you that she is in fact responsible for hot water. We have a plumber scheduled to come on Thursday morning to do the work, but need to ask you to verify with the Health Department that Hope's HAP Contract makes her responsible for hot water and that this HAP supersedes our lease which I incorrectly did not specify that Hope was paying for hot water and that you have been giving her a stipend for this since she moved into the property. Please also verify that you have asked Hope to come in to sign the amended lease which makes her responsible for hot water as stated in the HAP. I faxed Susan the HAP document. I believe she just needs an email from you verifying the information above. Please let me know if you can do this on Wednesday morning so we can keep the plumber scheduled for Thursday. Thanks Kevin 6/14/2006 addition,the tenant verbally acknowledged, on the initial inspection, that the payments for utilities from the Housing Authority have been including an amount specified to the gas for the hot water, but the Health Department was not aware of the superceding document at that time. The Health Department has determined that the landlord has provided sufficient evidence in support of the issue and that the Board of Health Order is to be amended by removing#8 regarding hot water. The tenant is advised to contact the gas company immediately to open their account. In regard to the incorrect connection of the bathroom hot water to another rental unit,the landlord is immediately rectifying this situation that has been placing the burden of the hot water, in violation, on to another tenant's gas bill. All hot water to I I 6 will be placed on the proper meter. Please contact the Health Office if you have any questions or concerns regarding this correspondence. Thank you, san Sawyer, RS/REH Public Health Director Cc: Hope Widtfieldt, Tenant I 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com NORTI1 OOH t«.uc ■wcw �9SSACHU`�E��y PUBLIC HEALTH DEPARTMENT Community Development Division Date: June 7, 2006 To Owner of Record: Property Location: Mark Espero and Kevin Willoe 116R Marblehead Street Mailing Address North Andover, MA PO Box 351 N. Andover,MA 01845 The Health Department has received additional information in relation to #8 of the Order Letter dated May 31, 2006 regarding the property listed above. 8)No hot water in kitchen—tenant produced.letting 410.190 agreement stating the following, " the tenant is responsible for the payment of the following utilities and other charges in relation to the premises tenant pays cooking gas, electric,phone and cable". However, there is currently hot water in the bathroom indicating crossed utilities with another apartment. - Unless otherwise stated in a letting agreement, the landlord shall supply hot water to the apartment. Health Dept. and tenant are aware of Housing Authority monthly utility payment, however this contradicts the lease. There are 2 options 1)If the lease is incorrect,please provide supporting documentation. 2) If the lease is correct please change hot water connections as stated in the lease The Health Department has received a document entitled Housing Assistance Payments (HAP) Contract for 11.6 R Marblehead Street,North Andover, with a lease term beginning on April 1, 2006 and signed by the owner and the Public Housing Authority. Page 8 Part C of the HAP Contract states the following "The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict between the tenancy addendum and any other provisions of the lease, the language of the tenancy addendum shall control. " This document clearly states that the error in the lease document, which was provided by the tenant to the health department, is superseded by the HAP document. The HAP document indicates the natural gas for heating, cooking and water heating is to be supplied by the tenant. In 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Jun 13 06 04:06p Kevin Willoe 978-258-6604 p.1 RE EIVED FAX JUN 14 Zoos TOWN OF NORTH ANDOVER HEALTH DEPARTMENT To: Susan Sawyer From: Kevin Willoe ~ MKS, Inc. Subject: Hope Widfeldt HAP Contract P: 978-258-6602 F: 978-258-6604 Fax#. 688-9542 Date: 6-13-06 COMMENTS: I Susan, Enclosed is Hopes HAP contract which states that she pays Water Heating(pg 2)and that the HAP 2. b.). supersedes our lease(pg.8-Part C Section. I've sent an emaff to housing(copying you)asking Sandy to get you the verification you need so we can have the plumber do the work on Thrs. Please contact me with any questions. Thanks Kevin 617-510-7313 Jun 13 06 04:06p Kevin Willoe 978-258-6604 p.2 a Housing Assistance Payments Contract U.S.Department of Housing (HAP Contract) and Urban Development Section 8 Tenant-Based Assistance Office of Public and Indian 'lousing Housing Choice Voucher Program Part A of the HAP Contract: Contract Information (To prepare the cortract, fill out all contract information in Part A.) I. Contents of Contract This HAP contract has three parts: Part A: Contract Information Part B: Body ofContract Part C: Tenancy Addendum 2. Tenant Hope Witdfeldt 3. Contract Unit 116 R Marblehead Street North Andover, MA 01845 4. Household The following persons may reside in the unit. Other persons may not be added to the household without prior written approval of the owner and the PHA. Hope Widtfeldt, Head of household 5. Initial Lease Term The initial lease term begins on(mmidd/yyyv): 04/01/2006 The initial lease term ends on(mm/dd/yyyy): 03/31/2007 6. Initial Rent to Owner The initial rent to owner is:$ 850.00 During the initial lease term, the owner may not raise the rcpt to owner. 7. Initial Housing Assistance Payment The HAP contrect term commences on the first day of the initial lease term. At the beginning of the HAP contract term,the amount of the housing assistance payment by the PHA to the owner is $ 610-00 per month. The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during The HAP contract te in accordance with HUD requirements. rm I I Previous editions are obsolete Page 1 of 10 form HUD-52641(3.12000) ref Handbook 7420.8 Jun 13 06 04:06p Kevin Willoe 978-258-6604 p.3 i 8. Utilities and Appliances Pp ces The cwnershallprovide or pay for the ufilities and appliances indicaledaelow an"O"• below by a 'T, Unless otherwise specified below,the owner shall pay for all by and appl ances provided by the owneThe tenant shall provicle or Pay e utilities and appliances indicated Item specify fuel type L17-1 Provided by Paid by Heating L� Natural gas Bottleas 9 ❑ Oil or Electric I� :�CC)alOther O O Cooking !Natural gas ❑ Bottle gas Oil or Eiectrfc TT 11 ❑ Other 1 Water Heating I C Natural gas ❑ 130ttle9as Oil or Electric f❑ oat or Other :T CT Other Electric �T T Water O O Sewer O O Trash CO!IeCtion 10 0 Air Conditioning Refrigerator ❑ (° o Rance/Microwave °/T o/T Other(specify) Signatures: Public Housing Agency Owner P,Im Or Typ}e N8me ar P Prin Type P Amer Slgnatare A { t Signa!re-1 Print or Type Name a d Tille of Signatory .J i Prnt Or Lype t�ma and Ti tfe of Signatory � Date i;rnm/ddlyyyy j 31k, Date(m ldd/yyyy) 1� t I !Ic e Mail Payments to: �- ot..L Name Address(street,city,Slate,Zp) Previous editions are obsolete Page 2 of 10 form HUD-52649(3:2000) ref Handbook 7420.8 Jun 13 06 04:06p Kevin Willoe 978-258-6604 p.4 Housing Assistance Payments Contract U.S. Department of Housing (HAP) Contract and Urban Development Section 8 Tenant-Based Assistance Office of Public and Indian Housing Housing Choice Voucher Program Part B of HAP Contract: Body of Contract 1. Purpose a. This is a HAP contract between the PHA and the owner. ing assistance payments.abatement or other reduction of The HAP contract is entered to provide assistance for the housing assistance payments, termination of housing family under the Section 8 voucher program (see HUD assistance payments, and termination of the HAP con- program regulations at 24 Code of Federal Regulations tract. The PHA may not exercise such remedies against Part 982). the owner because of an HQS breach for which the b. The HAP contract only applies to the household and family is responsible, and that is not caused by the contract unit specified in Part A of the HAP contract, owner. c. During the HAP contract term,the PHA will pay housing d. The PHA shall not make any housing assistance pay- assistance payments to the owner in accordance with the ments if the contract unit does not meet the HQS,unless HAP contract. the owner corrects the defect within the period specified d. The family will reside in the contractunit with assistance by the PHA and the PHA verifies the correction. If a under the Section 8 voucher program.The housing assis- defect is life threatening, the owner must correct the tante payments by the PHA assist the tenant to lease the defect within no more than 24 hours. For other defects, contract unit from the owner for occupancy ane the owner :rust correct the defect within the period p y by the family. 2. Lease of Contract Unit specified by the PHA. a. The owner has[eased the contract unit to the tenant for e. The PHA may inspect the contract unit and premises at occupancy by the family with assistance under the Sec- such times the eco determines necessary,to ensure that the unitt i tion 8 voucher program. s in accordance with rhe HQS. b. The PHA has approved(easing of the unit in accordance f The PHA must notify the owner of any HQS de,cets with requirements of the Section 8 voucher program. shO1m by the inspection. c. g. The owner must provide all housing services asagreed to The lease for the contract unit must include word-for- in the lease. word all provisions of the tenancy addendum requiredby HUD(Part C of the HAP contrect). 4. Term of HAP Contract d. The owner certifies that: a. Relation to lease term. The Term of the HAP contract (l) Theownerand the tenant have entered into a lease of begins on the first day of the initial term of the lease,and terminates on the last day of the term of the lease the contract unit that includes all provisions of the (including the initial lease term and any extensions). tenancy addendum. (2) The tease is in a standard form that is used in the b. When HAP contract terminates. locality by the owner and that is generally used for (1) The HAP contract terminates automatically if the other unassisted tenants in the premises. lease is terminated by the owner or the tenant. (3) The lease is consistent with State and local law. (2) The PHA may terminate program assistance for the e. The owner is responsible for screening the family's family for any grounds authorized in accordance behavior or suitability for tenancy. The PHA is not with HUD requirements. If the FHA terminates responsible forsuch screening. The PHA has no liability program assistance for the family,the HAP contract or responsibility to the owner or other persons for the terminates automatically. family's behavior or the family's conduct in tenancy_ (3) If the family moves from file contract unit,the HAP 3. Maintenance,Utilities,and Other Services contract terminates automatically. a. The owner trust maintain the contract unit and premises (4) The HAP contract terminates automatically 180 cal- in accordance with the housing quality standards(HQS), endar days after the East housing assistance payment b. The owner must provide all utilities needed to comply to the owner. with the HQS. (5) The PHA may terminate the HAP contract if the PHA determines,in accordance with.HUD require- c. If the owner does not maintain the contract unit in meets.that available program funding is not suffT- accordance with the HQS,or fails to provide all utilities tient to support continued assistance for families in needed to comply with the HQS, the PHA ram.may exercise the program. any available remedies.. PHA remedies for such breach include recovery a of overpayments,..tpayments,suspension of ltous- Previous editions are obsolete Page 3 of 10 form HUD-52641(3/2000) ref Handbook 7420.8 Jun 13 06 04:06p Kevin Willoe 978-258604 p.5 i i (6) The PHA may terminate the HAP contract if the penaltiesinaccordance with generally accepted prac- PHA determines that the contract unit does not (ices and law, as applicable it the local housing provide adequate space in accordancea with the HQS market, governing penalties for late payment by a because of an increase in family size or a char in g tenant. However,the PHA shall not be obligated to family composition. pay any late payment penaltyf HUD determines (7) if the family breaks up,the PHA may terminate the that Iate payment by the PHA is due to factors HAP contract, or may continue housing assistance beyond the PH A's Control. Moreover,the PHA shall payments on behalf of family members who remain not be obligated to pay any late payment penalty if in the contract unit. housing assistance payments by the PHA are delayed (8) The PHA may terminate the HAP contract if the or denied as a remedy for owner breach of the HAP PHA determines that the unit does not meet all contract (including any of the following PHA rent- requirements of the HQS, or determines that the edies-recoveryofoverpayments,suspensionofhous- owner has otherwise breached the HAP contract. ing assistance payments, abatement or reduction of 5. Provision and Payment for Utilities and Appliances housing assistance payments,termination of housing a. The lease must specifv what utilities are tube provided assistance payments and termination of the contract). or paid by the owner or the tenant. (4) Housing assistance payments shall only be paid to b. The lease must specify what appliances are to be pro- the owner while the family is residing in the contract P unit during the term of the HAP contract. The PHA vided or paid by the owner or the tenant. shall not pay a housing assistance payment to the c. Part A of the HAP contract specifies what utilities and owner for any month after the month when the appliances are to be provided or paid by the owner or the family moves out. tenant. The lease shall be consistent with .the HAP b. Owner compliance with HAP contract. Unless (tie contract, owner has complied with all provisions of (Ile HAP 6. Rent to Owner:Reasonable Rent contract, the owner does not have a right to receive a. During the NAP contract term,the rent to owner may at housing assistance payments under the HAP contract. no time exceed the reasonable rent for the contract unit C. Amount of PHA payment to owner as most recently determined or redetermined by the PHA (t) The amount of the monthly PHA housing assistance in accordance with HUD requirements. payment to the owner shall be determined by the b. The PHA must determine whether the rent to owner is PHA in accordance with HUD requirements for a reasonable in comparison to rent for other comparable tenancy under the voucher program. unassisted units. To make this determination,the PEA must consider: (2) Theamountofthe PHA housing assistance payment is subject to change during the HAP contract term in (l) The location,quality,size,unit type,and age of the accordance with BUD requirements. The PHA must contract unit; and notify the family and the owner ofany changes in the (2) Any amenities,housing services,maintenance and amount of the housing assistance payment. utilities provided and paid by the owner. (3) The housing assistance payment for the first month c. The PHA must redetermine the reasonable rent when of the HAP contract term shall be pro-ra(ed for a required in accordance with HUD requirements. The partial month. PHA may redetermine the reasonable rent at ary time. d• Application of payment. The monthly housing assis- d. During the HAP contract tzrm,the rent to owner may not tancepayment shall be credited against the monthly rent exceed rent charged by the owner for comparable unas- to owner for the contract unit. sisted units in the premises. The owner must give the PHA e. Limit of PHA responsibility. any information requested by the PHA on rents charged by (l) The PHA is only responsible for making housing the owner for other units in the premises or elsewhere. assistance payments tothe owner in accordance with 7. PHA Payment to Owner the NAP contract and HUD requirements fora ten- a. When paid ancy under the voucher program. (1) During the term of the HAP contract,the PHA must (2) The PHA shall not pay any portion of the rent to make monthly housing assistance payments to the owner in excess of the housing assistance payment. owner on behalf of the family at the beginning of The PHA shall not pay any other claim by the owner each month. against the family. (2) The PHA must pay housing assistance payments f• Overpayment to owner. If the PHA determines that the Promptly when due to the owner. owner is not entitled to the housing assistance payment (3) If housing ass islance payments areaotpaid promptly or any part of it,the PHA,in addition to other remedies, when due after the first two calendar months of the may deduct the amount of the overpayment from a.iy HAP contract term , the PHA shall pay the owner amounts due the owner(including amounts due under any other Sc--tion 8 assistance contract). PrevioUS editions are obsolete Page 4 of 10 form HUD-52641(312070) ref Handbook 7420.8 Jun 13 06 04:07p Kevin Willoe 978-258-6604 p.6 8. Owner Certification (4) For projects with mortgages insured by HUD or During the term of this contract,the owner certifies that: loans made by HUD, if the owner has failed to a. The owner is maintaining the contract unit and premises comply with the regulations for the applicable mort- in accordance with the HQS. gage insurance or Ioan program,with the mortgage L The contract unit is leased to the tenant. The lease or mortgage note,or with the regulatory agreement; includes the tenancy addendurn (Part C of the HAP or if the owner has committed fraud,bribery or any contract), and is in accordance with the HAP contract other corrupt or criminal act in connection with the and program requirements. The owner has provided the mortgage or loan. lease to the PHA,including any revisions of the lease. (5) If the owner has engaged in any drug-related crimi- c. The rent to owner do--s not exceed rents charged by the nal activity or any violent criminal activity. owner for rental of comparable unassisted units in the b. If the PHA determines that a breach has occurred, the premises. PHA may exercise any of its rights and remedies under d. Except for the rent to owner,the owner has not received the HAP contract, or any other available rights and and will not receive any payments orother consideration remedies for such breach. The PHA shall notify the (from the family,the PHA,HUD,or any other public or ownerofsuch determination,including a briefstatement private source)for rental of the contract unit during the of the reasons for the determination. The notice by the HAP contract term. PHA to the owner may require the owner to take correc- t e. The family does not own or have any interest in the tive action,as verified or determined by the PHA,by a contract unit. deadline prescribed in the notice. c. The PHA's rights and remedies for owner breach of the f. To the best of the owner's knowledge, cite members of HAP contract include recovery-of overpayments, sus- the family reside in the contract unit,and the unit is the pension of housing family's only residence. g assistance payments, abatement or other reduction of housing assistance payments, termi- g. The owner (including a principal or other interested nation of housing assistance payments,and termination party) is not the parent, child,grandparent, grandchild, of the HAP contract. sister,or brotherof any member of the family,unless the d. The PHA may seek and obtain additional relief by judi- AHA has determined(and has notified the owner and the family of such determination that a cial order or action, including specific performance, approving rental of other injunctive relief or order for damages. the unit,notwithstanding such relationship,would pro- vide reasonable accommodation for a family member c. Even if the family continues to live in the contract unit, who is a person with disabilities. the PHA may exercise any rights and remedies for owner 9. Prohibition of Discrimination. In accordance with appli- breach of the HAP contract. cable equal opportunity statutes,Executive Orders,and regu- f The PHA's exercise or non-exercise of any right or lations: remedy for owner breach of the HAP contract is not a waiver of the right to exercise that or any other right or a. The owner must not discriminate against any person because of race,color,religion,sex,national origin,age, remedy at any time. 11. PHA and HUD Access to Premises and Owner's Records familial status,or disability in connection with the HAP contract. a. The owner mustprovide any information pertinent to the b. The owner must cooperate with the PHA and HUD in HAP contract that the PHA or HUD may reasonably conducting equal opportunity compliance reviews and require. complaint investigations in connection with the HAP b. The PHA, HUD and the Comptroller General of the contract. United States shall have full and free access to the I0. Owner's Breach of HAP Contract contract unit and rhe premises,and to all accounts and a. Any of the following actions by the owner(includingother records of the owner that are relevant to the HAP a contract, including the right to examine or aadit the principal or other interested party)is a breach ofthe HAP contract by the owner: records and to make copies. c. The owner must grant such access to computerized or (1) If the owner has violated any obligation under the other electronic records, and to any computers, equip- HAP contract, including the owner's obligation to ment or facilities containing such records, and must maintain the unit in accordance with the HQS. provide any information or assistance needed to access (2) If the owner has violated any obligation under any the records. other housing assistance payments contract under 12. Exclusion or Third Party Rights Section. 8. a. The family is not a party to or third party beneficiary of (3) If the owner has committed fraud, bribery or any Part B of the HAP contract. The family may not enforce other corrupt or criminal act in connection with any any provision of Part B,and may not exercise any right Federal housing assistance program. or remedy against the owner or PHA tender Part B. Previous editions are obsolete_ Page 5 of 10 form HUD-52641(3/2000) ret Handbook 7.120.8 Jun 13 06 04:07p Kevin Willoe 978-258-6604 p.7 b. The tenant or the PHA may enforce the tenancy adders- 14. Assio dura(Part C of the HAP contract)against the owner,and bnmeni of the HAP Contract 'nay exercise any right or remedy against the owner a, The owner may not assign the HAP contract to a new under the tenancy addendum. owner without the prior written consent of the PHA. c. The PHA does not assume any responsibility for injury b- If the owner requests PHA consent to assign the HAP to,or any liability to,any person injured as a result ofthe contract to a new owner, the owner shall supply any owner's action or failure to Oct in connection with tnan information as required by the PHA pertinent to the agement of the contractunit or the premises or with proposed assignment. implementation ofthe HAP contract,or as a result of any c. The HAP contract may not be assigned to a new other action or failure to act by the owner. that is debarred,suspended or subject to a limited denial d. The owner is not the agent of the PHA, and the HAP of participation under HUD regulations(see 24 Code of contract does not create or affect any relationship be- Federal Regulations Part 24). tween the PHA and any lender to the owner or any d. The HAP contract may not be assigned to anew owner if suppliers,employees,contractors orsubcontractorsused HUD has prohibited such assignment because: by the owner in connection with management of the (1) The Federal government has contract unit or the premises or with implementation of trative or judicial actiinstituted an adminis- on against the owner or pro- 73. Conflict of Interest the HAP contract. posed new owner for violation of the Fair Housing Act orother Federal equal o a. "Covered individual"means a person or entity who is a and such action ispending,opportunity requirements, member of any of the followingclasses: (2) A court or administrative agency has determined (1) Any present or former member or officer of the PHA that the owner or proposed new owner violated the (except a PHA commissioner who is a participant in Fair Housing Act or other Federal equal opportunity the program); requirements. (2) Any emptovee of the PHA,or any contractor, sub- c. The HAP contract may not be assigned to a new owner contractor or agent of the PHA w the new owner in ted h (including a for ( udm Policy or who influences decisions with respectto , a principal t,g other interested Party)is the parent,child,grandparent,grandchild,sister the program; or brother of any member ofthe family,unless the PHA (3) Any public official,member ofagoverning body,Or has determined (and has notified the family Of such Y State or local legislator,who exercises functions or standsdetermination)that approving the assignment, notwith- responsibilities with respect to the program;or standing such relationship, would provide reasonable accommodation (4) Any member of the Congress of the United States. with disabilities.for a family member who is a person b. A covered individual may not have any direct or indirect i The PHA.nay deny approval to assign the HAP contract interest in the HAP contract or in any benefits or pay- if the owner or proposed new owner(including a princi- ments under the contract (including the interest of an pal or other immediate family member of such covered individual) interested party)- while such person is a covered individual or during one ([) Has violated Obligations under a housing assistance year thereafter. payments contract under Section 8; c. "Immediate famil (2) Hascommi membe fled Y r' means the spouse, fraud,bribery Drop oth p 'parent criminal act in connection with any Federal ousig tor (including a stepparent), child (including a stepchild), grandparent, grandchild, sister or brother(including a program; (3) Has engaged in any drug-related criminal activity or stepsister or stepbrother)of any covered individual. d. The owner certifies and is responsible for assuring that any violent criminal activity; no person or entity has or will have a prohibited interest, (4) Has a history or practice ofnon-compliance with the at execution of the HAP contract,or at any time during HQS for units leased under the Section 8 tenant- the HAP contract term. based programs,or non-compliance with app;icab[e e- If a prohibited interest occurs,the owner shall promptly housing standards for units leased with project- and fully disclose such interest to the PHA and HUD. based Section 8 assistance or for units teased under f. The conflict of interest prohibition under this section any other Federal housing program; may be waived by the HUD field office for good cause. ($) Has a history or practice of failing to terminate tenang. No member of or delegate to the Congress of the United si tedchousingy of program assisted under any Federally as- States or resident commissioner shall be admitted g program for activity engaged in by to any the tenant,any member ofthe household a Y share or part ofthe HAP contract or to any benefits which guest or another may arise from it. person under the control of any member of the household that: (a) Threatens the right to peaceful enjoyment ofthe premises by other residents; Previous editions are obsolete Page E of io form HUD-52641(3/2000) ref Handbook 7423.8 Jun 13 06 04:07p Kevin Willoe 978-258-6604 p.8 (b) Threatens the health or safety ofotherresidents, , Of employees of the PHA,or of owner employ- l5" Written Notices. Any notice by the PHA or the owner in ees or other persons engaged in management nt of connection with this contract must be in writing. the housing; 16. Entire Agreement:Interpretation (e) Threatens the heaithorsafet a• The HAP contract contains the entire agreement between peaceful enjoyment of their residents by,right to the owner and the PHA. sons residing in the immediate vicinity of the b- The MAP contractshall be interpreted and implemented premises;or in accordance with HUD requirements, inctuding the (d) Isdrug-rclatedcriminalactio? HUD program regulations at 24 Code of Federal Regu- I nal activity; n orviolentcrimi- lations Part 982. (6) Has a history or practice of renting units that fail to meet State or local housing codes;or (7) Has not paid State or local real estate taxes,fines or assessments. g. The new owner mutt agree to be bound by and comply with the HAP contract. The agreement must be in writing,and in a form acceptable to the POA. The new owner must give the PHA a copy of the executed agree- ment. I Previous editions are obso!ete Page 7 or io form HU"2641(3/2000) ref Jun 13 06 04:08p Kevin Willoe 978-258-6604 p.9 Housing Assistance Payments Contract U.S.Department of Housing (HAP Contract) and Urban Development Section 8 Tenant-Based Assistance Office of Public and Indian Housing Housing Choice Voucher Program Part C of HAP Contract: Tenancy Addendum I. Section 8 Voucher Program a. The owner is leasing the contract unit to the tenant for occupancy by the tenant's family with assistance for a (2) Rent charged by the owner for comparable unassisted tenancy under the Section 8 housing choice voucher pro- units in the premises. gram(voucher program)of the United States Department 5 Family Payment to Owner of Housing and Urban Development(HUD). a. The family is responsible for paying the owner any portion b. Theownerbas entered into a Housing Assistance Payments of the rent to owner that is not covered by the PHA housing Contract(HAP contract)with the PHA under the voucher assistance payment. program. Under the HAP contract, the PHA will make b. Each month, the PHA will make a housing assistance housing assistance payments to the owner to assist the Payment to the owner on behalf of the familYin accordance tenant in leasing the unit from the owner, with the HAP contract. The arnountof the monthly housing 1. Lease assistance payment will be determined by the PHA in a. The owner has given the PHA a copy ofthe lease,includin accordance with HUD requirements for a tenancy under the any revisions agreed by the owner and the tenant. The Section 8 voucher program. owner certifies that the terms v. The monthly lease housing assistance payment shall be credited with all provisions of the HAP contract and that the lease against the monthly rent to owner for the contract unit. includes the tenancy addendum. d. The tenant is not responsible for paying the portion of rent b. The tenant shall have the tight to enforce the tenancy to owner covered by the PHA housing assistance Paymnt addendum against the owner. If there is any conflict under the HAP contract between the owner and the PHAeA between the tenancy addendum and any otherprovisions of PHA failure to pay the housing assistance payment tite lease, the language of the tenancy addendum shall owner is not a violation of the lease. The owner may not control. terminate the tenancy for nonpayment of the PHA housin 3 Use of Contract Unit assistanee payment. g a. During the tease term,the family willreside in the contract e• The owner may not charge or accept, from the family or gram. from any other source,any payment for rent of the unit in unit with assistance under the voucher pro addition to the rent to owner. t to owner inclues b. The composition of the household mustbe approved by the housing services;maintenance,utilities and appl anc es tot PHA. The family must promptly inform the PHA of the be provided and paid by the owner in accordance with the birth,adoption orcourt-awarded custody of a child.Other lease. persons may not be added to the household without prior f. The owner must immediately return any excess rent pay- written approval of the•owner and the PHA. ment the c. The contract unit may only be used for residence by the 6. Other F els andtCharges PHA-approved household members. The unit must be the family's only residence. Members of the household may a Rent to owner does not include cost of any meals or engage in legal profitmaking activities incidental to pri- marysupportive services or furniture which may be provided by useoftheunitforresidencebymembersofthelamily. the owner. d. The tenant may not sublease or let the unit. b_ The owner may not require the tenant or family members to e. The tenant may not assign the lease or transfer the unit. Pay charges for any meals or supportive services or furni- 4. Rent to Owner turewhich may be provided by the owner_ Nonpayment of The initial rent to owner may not exceed the amount any such charges is notgroundsfortenninarionoftenancy. C. The owner may not charge the tenant extra amounts approved by the PHA in accordance x nts mens. with HUD require- items customarily included in r for or provided at no additional cost to ns bsidized tenants in n b. Changes in tl:e rent to owner shall be determined by the the premises. Provisions of the lease. However,the owner may not raise 7• Maintenance the rent d ,Utilities,an during the initial term of the lease. s, d Other Services c. Du ring the termofthe (including a• Maintenance lease meta lease and any extension term),the Tent to ownermaatihe no (1) The owner must maintain the unit and premises in time exceed: accordance with the HQS. (1) The reasonable rent for the unit as most r (Z) Maintenance and replacement (including recently ( dm rede determined or redetertn" y tion)must be in ac g coice tncd cord b the P ante► " Y HA in accordance with the standard practice with HUD requirements, fortile or buildingConcerned ned as established by the owner. Previous editions are cbsotele Page B of io form HUD-52641(3120Co) ref Handbook 742C.8 Jun 13 06 04:08p Kevin Willoe 978-258-6604 p.10 b. Utilities and appliances (3) The owner may terminate the tenancy for criminal (1) The owner m-ist provide all utilities needed to comply activity by a household member in accordance with with(lie HQS. this section if the owner determines that the household (2) The owner is not responsible for a breach of the HQS member has committed the criminal activity,regard- caused by the tenant's failure to: less of whether the household member has been ar- (a) Pay for any utilities that are to be paid by the rested or convicted for such activity. tenant. (4) The owner may terminate the tenancy during the term (b) Provide and maintain any appliances that are to be of the lease if any member of the household has engaged in abuse of alcohol That threatens the health, provided by the tenant. safety or right to peaceful enjoyment ofthe premises by c. Family damage. The owneris not responsible fora breach other residents_ of the HQS because of damages beyond normal wear and d. Other good cause for termination of tenancy tear caused by any member of the household or by a guest. (1) During the initial lease term, other good cause for d. Housing services. The owner must provide all housing termination of tenancy must be something the fan iiy set-vices as agreed to in the lease. did or failed to do. 8. Termination of Tenancy by Owner (2) During the initial lease term or during any extension a. Requirements. The owner may only terminate the tenancy term,other good cause includes: in accordance with the lease and HUD requirements. (a) Disturbance of neighbors, b. Grounds. Daring the term of the lease(the initial term of the lease or any extension term), the owner may only (b) Destruction of property,or terminate the tenancy because of_ (c) Living or housekeeping]tabus that cause damage (1) Serious or repeated violation of the lease; to the unit or premises. (2) Violation of Federal,State,or local law that imposes (3) After the initial lease term,such good cause includes: obligations on the tenant in connection with the oceu- (a) The tenant's failure to accept the owner's offer of panty or use of the unit and the premises; a new lease or revision; (3) Criminal activity or alcohol abuse (as provided in paragraph c);or (b) The owner's desire to use the unit for personal or 4 family use or for a purpose other than use as a OOther good cause(as provided in paragraph dl, residential rental unit;or c. Criminal activity or alcohol abuse_ (1) The owner may terminate the tenancyduring the term (c) t business or economic reason for termination of g the tenancy(such as sale or-the property,renova- of the lease ifany member of the household,a guest or tion of the unit,the owner's desire to rent the unit another person under a resident's contro'.commits any for a higher rent). of the followinges of criminal types 1 activi : ty (a) Any criminal activity that threatens the health or e. Eviction by court action. TTte owner may only evict the safe of or the tenant by a court action. �• right to easeful enjoyment P J Y ntofthe Premises by,other residents (including property f. Owner notice of grounds management staff residing on the premises); (1) At or before the beginning ofa court action to evict the (b) Any criminal activity that threatens the health or tenant,the owner must give the tenant a notice that safety of. or the right to peaceful enjoyment of specifies the grounds for termination of tenancy. The their residences by,P g persons residing in the imme- notice may be included in or combined with any owner diate vicinity of the premises; eviction notice. (2) The owner must give the PHA a copy of any owner (c) Any violent criminal activity on or near the pre- eviction notice at the same time the owner notifies the miser;or tenant. (d) Any drug-related criminal activity on or near the (3) Evictionnotice means a noticeto vacate,Ora complaint premises. or other initial pleading used tobegin an eviction action (_) The Owner may terminate the tenancy during the term under Stateor local law. of the lease ifany member of the household is: 9. Lease: Relation to HAP Contract (a) Fleeing to avoid prosecution, or custody or con- If the HAP contract terminates for any reason,the lease termi- finement after conviction,for a crime,or attempt nates automatically, to commit a trim _ I e,that is a felony under the law, �• pHA Termination of Assistance Of the place from which the individual flees or The PHA may[etrninatc program assistance for the family for that,to the caseofthe State of'lew Jersey,is a high any grounds authorized in accordance with HUD requirements, misdemeanor;or If the PHA terminates program assistance for the family,the (b) Violating a condition ofprobation orparole under lease terminates automatically. Federal or State law. Previous editions are obsolete Page 9 of 10 form HUD-52641(312000) ref Handbook 7420.8 I Iii Jun 13 06 04:08p Kevin Willoe 978-258-6604 p.11 11. Family Move Out C. PHA approval of the tenancy,and execution of a new HAP The tenant must notify the PHA and the owner before the contract, are nor required for agreed changes in the lease family moves out of the•jnit other than as specified in paragniph b. 13. Security Deposit d. The owner must notify the PHAofanychangesintheamount o. The owner may collect a security deposit from the tenant. of the rent to owner at least sixty days before any much (However,the PHA may prohibit the owner from collecting changes go into effect,and the amount of the rent to owner a security deposit in excess of private market practice,or in following any such agreed change may not exceed the excess of arnoun`s charged by the owner to unassisted reasonable rent for the unit as most recently determined or tenants. Any such PHA-required restriction must be speci- redetermined by the PHA in accordance with HUD require- fied in the HAP contract.) ments. b. When the family troves out of the contract unit,the owner. 16. Notices subject to State and local law,may use the security deposit, Any notice under the lease by the tenant to the owner or by the including any interest on the deposit,as reimbursement for owner to the tenant must be in writing. any unpaid rent payable by the tenant,any damages to the 17. Definitions urtit or any other amounts that the tenant owes under the Contractunit.The housing unit rented by the tenant with assistance lease. under the program. c. The owner must give the tenant a list of all items charged Family. The persons who may reside in the unit with assistance against the security deposit,and the amount of each item. under the program. After deducting the amount,if any,used to reimburse the owner,the owner must promptly refund the full amount of HAP contract. The housing assistance payments contract between the unused balance to the tenant. the PHA and the owner.The PHA pays housing assistance payments d. If the security deposit is not sufficient to cover amounts the to the owner in accordance with the HAP contract. tenant owes under the lease, the owner may collect the Household.The persons who may reside in the contract;snit. The balance from the tenant. household consists of the family and any PHA-approved live-in aide. 13. Prohibition of Discrimination (Alive-in aide is a person who resides in the unit to provide necessary supportive services for a member of the family who is a person with In accordance with applicable equal opportunity statutes, Ex- disabilities.) ecutive Orders,and regulations,the owner trust not discrimi- Housing quality standards(HQS). The HUD minimum quality nate against any person because of race, color, religion,sex, standards for housing assisted under the Section 8 tenant-based national origin, age,familial status or disability in connection programs. with the lease. 14. Conflict with Other Provisions of Lease HUD. The U.S.Department of Housing and Urban Development. a. The terms of the tenancy addendum are prescribed by HUD HUD requirements. HUD requirements for the Section 8 program. in accordance with Federal law and regulation,as a condi- HUD requirements are issued by HUD headquarters,as regulations, Federal Register notices or other binding progra tion for Federal assistance to the tenant and tenant's family program directives. under the Section 8 voucher program. Lease. The written agreement between the owner and the tenant for b. In case ofanyconflictbetween theprovisionsofthetenancy the lease of the contract unit to the tenant. The lease includes the addendum as requiredby HUD,and any other provisions of tenancy addendum prescribed by HUD. the lease orany other agreement between the owner and the PHA. Public Housing Agency. tenant, the requirements of the HUD-required tenancy Premises. The building or complex in which the contact unit is addendam shall control. located,including common areas and grounds. 5. Changes in Lease or Rent Program. The Section 8 housing choice voucher program. a. The tenant and the owner may not make any change in the Rent to owner. The total monthly rent payable to the owner for the tenancy addendum. However, if the tenant and the owner contract unit. The rent to owner is the sum of the portion of rent I agree to any other changes in the lease,such changes must be payable by the tenant plus the PHA housing assistance payment to in writing,and the owner must irnmediateiy give the PHA a the owner. copy of such changes. The lease, including any changes, Section 8. Section 8 of the United States Housing Act of 1937(42 must be in accordance with the requirements of the tenancy United States Code 14370. addendum. Tenant.The family member(or members)who leases the unit from b. In the following cases,tenant-based assistance shall not be the owner. continued unless the PHA has approved a new tenancy in accordance with program requirements and has executed a Voacherprogram. The Section 8 housing choice voucherprogram. new HAP contract with the owner: Under this program,HUD provides funds loan PHA for rent subsidy on behalf of eligible families. The tenancy under the lease will be (1) If there areany changes in lease requirements governing assisted with rent subsidy for a tenancy under the voucherprogram, tenant or owner responsibilities for utilities or appli- ances; (2) If there are any changes in lease provisions governing the term of the lease; (3) Ifthe familymoves to anewunit,even if the unit is inthe same building or complex. Previous editions are obsolete Page t0 of 10 form HUD-52641 (312.900) ref Hanobook 7420.8 Jun 06 06 03:02p Kevin Willoe 978-258-6604 p.1 JUN 2006 TO1� �' OF IOq,; ANDOVER HEALTH DE-.ARTMENT FAX To: S a SQ C From: Kevin Willoe �{ J MKS, Inc. Subject: ��� Y�rb`e5�jee-� P: 978-258-6602 rQ Fax#: F: 978-258-6604 �''l� 'lo p$^ ��� Date: COMMENTS: u L SA� 4 lk 1 S 6 C �c . e ��S Jun 06 06 03:02p Kevin Willoe 978-258-6604 p.2 June 6, 2006 Susan Sawyer Director North Andover Health Department 1600 Osgood St. North Andover, MA Dear Susan, To follow our conversation this morning I wanted to confirm receipt of the notice you sent detailing your inspection of 116R Marblehead St As discussed I would like to request more time to complete the noted repairs based on the following: 1. The tenant has refused to grant us entry to the apartment until Thursday, June e This is 4 days after receipt of your notice,which allows 7 days to complete work. This leaves only 3 days, which is not enough. 2. Refrigerator gasket needs to be ordered. Refrigerator gaskets are typically special order parts that can take two weeks to deliver. Until we can access the apartment and look at the gasket we do not know what part to order or how long it will take to be delivered. Regarding item#8: Hot water in the kitchen. As you acknowledged after your conversation with Housing the tenant is responsible for providing the gas to the hot water heating tank. This has been part of her agreement with housing for the past few years and she is being compensated for it. Housing has confirmed that their agreement with the tenant supersedes our lease. I have provided an amended lease to Housing which syncs up to their agreement with the tenant relative to hot water heating gas. Regarding repair of door screens. We are happy to do so. But it should be noted the tenant never had door screens in the years prior to us taking ownership of the property in March 2006. We put them in voluntarily and at our own expense to improve the quality of life for the tenant. Thank you for considering my request for more time. Please let me know what you can do to extend the date. Sincerely, Mark Esparo Cc: Sandy Richard, North Andover Housing Authority Hope Widtfeldt, tenant I UNITED STATES POSTAL SERVICE First-Class Mail Postage.&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• North Andover Health Department 1600 Osgood Street Building 20;Suite 2-36 North Andover,MA 01845 0:i 84S 04GOV-3i 1 COMPLETE THIS SECTION ON DEL&ERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. D Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. e."'Recei ed by Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. SServ�Type B'Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 0390 0003 4265 3852 (Transfer from service labeo PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 `` UNITED STATES POSTAL SERVICE 011�- g' 14 n 100;LESEX-ESS X' 9e USPS i A 018•.3. Pei G-10 • Sender: Please print your name, address, and ZIP+ In this box • Health Department 1600 Osgood Street Building 20, Suite 2-36 North Andover,MA 01845 • � !!lti�,�„!!l��1�,l,�hlIf,.iill..�,1��!!��l�l,!„l�I,�.��,i!! J � SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items.1,2,and 3.Also complete A. Signur. item 4 if Restricted Delivery is desired. X E3 Agent ■ Print your name and address on the reverse - ❑Addressee so that we can return the card to you. B. Receiv by(Pnnte Afame'`)`\ C. Date of Delivery ■ Attach this card to the back of the mailpiece, �a`��. �\ or on the front if space permits. D. Is delivery address ifferent from'tem 1,0❑Yes 1. Article Addressed to: If YES,enter d. ' ry address-MOW: T❑No 3. Service pe ertified Mail ❑Express Mail ✓ � ❑Registered ❑Return Receipt for Merchandise Q�U ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ; i I s; (transfer from service label) __ !!!!► 1700 5 0390 00103 j4 265 3845 DC North Andover Health Department NORTH q 1600 Osgood Street g Letter ®f Transmittal - Building 20, Suite 2-36 4 North Andover, MA 01845 * ; eh � OQ COC ICII!K• 1' 978.688.9540 - Phone Page of3 4oRAno 978.688.8476 — Fax �SSACHUS�� healthdept(CDtownofnorthandover.com-E-mail www.townofnorthandover.com-Website T0: DATE: COMPANY: FROM: Pamela DelleChiaie, Health Department Assistant Phone: Fax: 5_51 /e"<v We are sending you. Copy of Letter O Plans O Other(fillin" below) These are transmitted as checked below: ➢ L7*prvvedxN" ➢ L7fwAp wvva f ➢ L7R&%6 7* mpiesfor ➢ �l7JsRaques d ➢ L7&rl b4nvardxnynW pvk d ➢ L7, R ivd ➢ Olbrroww ➢ a.SubrO ford#.. REMARKS: COPY TO: COPY TO: COPY TO: SIGNED: bf .� TRANSMISSION VERIFICATION REPORT TIME 06101/2006 12:40 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 06101 12:02 FAX NO./NAME 89787941142 DURATION 00:00:46 PAGE(S) 04 RESULT OK MODE STANDARD ECM I I I I I I I I I c4) a 13 I I LG �i2lX4� /o7.Od Y7� JAI) �c'a��z� . �CJe P�? �is�ur✓ cv �2ebm, q/oov / orf � Aja � r2e ��au0z v . /�� �Diecaua� �✓2� //e�rdity� dr+ U I C�mry4 /40r; �,�F � Mme n-oyar G' y cel �i� /mz c�//zPir�i� �1 �.�� an.� XfCI� �'R �r � �n��ei �r /�r�rc!e - LO mid .�f'' r� ��Gcc , c� a'�%a�f 1, AN �� ('O� \ Y d4 q 1 '., � i \� �. ��. �•,i. ,�ao11J r\\N �\ � `�\ V f � �'\ f'• S�`l �r� 1• _ \ \ � � �•Sl ,o .i .. +� � � "� �, �1 ;,� `sC',,,1 ���' ',.� (� 1 v ` � c'.,� V �.� •.�,, .l � ` \ VVV111 , 1 •� .,` �fi, i .._Ll J aJ ` ` ,\�� ' iii' \,4 •`I °;. �- i' ` �' � .,� ``:� esu ^�:'�•J v �`� �k � ' ��}�,� t�^�, � p; � it � • )) \\ 1 F �l \, IN, VN IN zx� NJ I� O1� p''`' ^'!' ` �i ��'A� �`�; 1. °w, �. t� '� •,�� '� "p� � \�* ; ���,,, ,�'�\,\ \ .y�' �'!' Vii•,! k,�\ \ '+� ���� , �' "+A � w( ''C-'. � � �,w`4�.``\\��`et\ t`.'t�.� ,5�) ,'t°� � ''� '�' �6i•,�,� o' '\ J�� y ��• � t�`vl ' ��s �'��h� ��, ���.)1 ��1 e ,,� i�(4�,'��,� '�-��,, Ems, '� � � � � � II ti 1• r � . \` ,'�\ '`�4 •�} �,�,_ 'F f SSS .. 41 Ot M1t'} h ) ,i.. �`hy.l loll, '�[q�`\�� \\TO ;-4 \\\ "Y e `:.. �y +, 61 \ 4. 1 } 1 r fr. 114/42 MA Ali .;•�--,,X'T%,!'.r �//� �/%,tee .r,. !�.�� ,•� ,,�y-�� �""� � `'.`s..J.•�._ i �`r. `-+ :.-_�"� +`'�+_...a, ,_S -.-sus"3���� �r-+�•- �^ 0- 1 so r AF a � 6 � d ,��y feu- �, r�a �O�e 7 a��y/;/�' d u'.� i-zy T G 2�-��tco� �i"/rrw 2,,e/ tel;�e P�E.L,�m,. , a^ 3 Q ..� «/r�r2 � � � � � qua' '� � <� � �� �. � � � � � �' � ' � � o� � `'� � ��o � � � q ���� ����� � � ��� �� V �S � `1' ub5 �'�' ��N ^ jNlz .ys' �: . � ' i �zy L�1 L A)t cG� Qa _ r � ���� � � � ��'� ti ����� ��� , � ��� � � c � � � � ��� � �� � � � � � � �� �� � �� ��r� �� c � i � . � � � � �� � . � � � . � � � � � �� � imcN�r �� - / //,�,,�,,. ,, ��l(�/ �j�i � � � , ���� � ��zf�e�,r� . , , ,�,� �� �✓ rY� ,°,r�z,Ci 62� e ��;��� � � � ,,p � � � �rr�/!� rav . t�/ a �,� � _ � � � � � ��� � ��� � � � �� � r �.� ��, �� rO �� urx Z i hk. Q\lk C5J [l'rvz�/lJ Cnrrrr✓ �lsY�ie� �o/li �^�/ ;� rte✓ '�✓J/"�/o ��ly I-oLi Le2�'�ddo °o wo a �� c0 �✓ 24 9ra� o o r� C�a� z �e�e' .PiLeny��cx_ amt _U 120' �Qd. SRP -XN Ilk 9�s aSP s�z�z NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com 1 � Complaint Investigation/Inspection Report OWNER " �i�Y1�G�-E n 2 C� ADDRES- r DATE 4h 0 i Rev.6/04 INSPECTOR -114 MARBLEHEAD STREET 009.0-0019 Complaint Detail Report Printed On:Fri Feb 11,2005 Cempla>int# CT 2(W5.40044 Status.: In ds�tave SIS# l95 i�l4�tr , ar ditss. 11 ;St�SP k L t1 Illap p9 4 Atld>�ess `x • �� �`� deb I l 2QU Teilae Recvd Itl 7 AM Black. C�19 ate Recd . i Category . ..... 1d Tia h .�,ot T�>l�e' GeoTIS Module $oaTct of I Iealtll I}�strtet; Trade: ec©rded Pamela I3eIleGlual� 2 rt ng Sty„... ...e twatt escnpt> >o �fiII1E3IR1F1 Receiver#a calf loan John Thomas vho resides as a tenam at 114 Msrbielead Street ort the upper levet irf a three family du elmg T1ie hrnne�s awned by l,tagen 3teatty rTzsE Dianna Raoux is., as conte# Mr Ttaonas ws!1 ca!!balk with a cvtzEnct tuber for tfienit: . _. The rrsam sssue is that the tenants ari the twee Levet leave then teas! atone aiways ai neoveaed Anamals saaeh as Taccnoil. etc Cvft itawt gel:into at, and dehns ands irp all verrile property In addrtaoaa flee owners fi the basement The lower leweI ienairts leave atot of Junk there eh as rata computers cadboar&btaxes tucS etc These items at< d+iet to ftar the haat to work I h6owners do not do Uus aS they are not on the premases;so lvlr i7 omas has taken opt o woane Qn . clot aiways get#o e furnace easily trecause alae other ienaa�ts1ans blocks access. Atso,the tower[ex e!tenants are heavy saaaoke s and the smoky spemalty ut has chug star's room and t[e has itr go aaraaad steeg;in her parcntra room to breathe:better fhvmas.(. be contacted at 9733 3x.1104 He wl4t,ca11 l tumbec aza the a�xeaaataatre g cfi.; CaW»efa. f Callers - i Date Thne Name Phone Best Thne To Reael {pone Feb-11-2005 10:27 AM John Thomas (978)258-1104 O Actions Taken / GeoTMS Module Status Date Time Response Ty , Board of Health REFERRAL Feb-11-2005 10:36 AM Follow-Up by hea...- /.mmets Inspector I� GeoTMS®2005 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 -114 MARBLEHEAD STREET 009.0-0019 Complaint Detail Report Printed On:Fri Feb 11,2005 mplarnfi# 2( 0144 Staltus: In dtseoyery : GIS# 9 �[4Estot* ddress 114:5 W KE-HEAD S' REE �!f�p 4�a Addlrt ss ate Reid* F i 1 2Qt)5 Tae Recvd. lf1 7 AM Bklck. 1319 Ott �atgry Hvvilolc Tush. Geo TMSoduie $ord of Huth �stri+ Tr4.te> ,., ; '*•.xog.�"' eC©rd�d$ Pamela I?eleChtal4e 7ot►n StruCwe; S` escnptxon Camplatnt e6eived a cake s otii lbhti:Thomas oho resides as a tenant at J 1 a:Marbiehead street irnthe upper.Oil of a three fa�tnty t�tivellut Tide home s: wi ed by l ageh iteglty rust::-l3ianna Roux>tstfe conte hf e ThQtnas wtfl cafl back tptth a confect numt�gr farther Tito-rriatn tssue:;is that Ifte;terEants vii the lawee level ieaue then trash o, IW 2 3-Weeks at atutte alp aysuncovered Anmiais such as aecoc ms etin ConE�r ualIy get:►nto tt _: - Ope and debns dsup all over the prr€y: In afidrtion #3e owners Eiave allowed the tenants to store flj�vgs in the basement Tfe lower level tints leave aTot of3m her elk as aid eotii}suters eardbo d bttxes tires etc These stems also-block access to tfie Pomace 16 W kh:vatee must be t©far the he it to tvtsrk The owners . not do a,$:.they are not nn the premases so I�ir f lianas has taken azt#sus respo sabtf�ty Inthe cohE weatberlae const Gfo tt datlyfor#he heli to come on tie oat of x(4vays getfo e.furnace easily because the other ietrants debris lzliscks access tlfso the lower.level tenants ace he smcak s and the smoke wafts ttp to lklr Thoit?as'apartment atxt affects the i tihrsar air quahYy espemalty rn his dau ltieds room and he has tts go utand slept m her parents ravmto breathe batter Mrf homes:can be c.... ted at 97&7%.11x4... e wall emli back w-th the owners contact number..i wtll.t to se$rch ayt a phone ni mr .m the meanfi ine lr a Cati�ea�s Callers Date Time Name Phone Best Time To Reach Recorded By Response Feb-11-2005 10:27 AM John Thomas (978)258-1104 Q Pamela DelleChiaie Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Feb-11-2005 10:36 AM Follow-Up by Health *NEW* Inspector GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. Page 1 of 1 co .. • .•. MI un OFFICIAL p t� ..o ru = Postage $ M CertMed Fee C3 Return Receipt Fee ✓ Postmark M (Endorsement Required) / Her p Restricted Delivery Fee Q- (Endorsement Required) M r-3Total Postage &pFe/e $/s M Sent To M ------------ --------------- ----- ------------------------------------ PO ------------------ [� Street,ApE No.; r --------------• or PO Box, ��------ y�J �� ------ :rr� rr A Certified Mail Provides:° fes�aney)aooa e,,,,r'ooee-0:4sd s A mailing receipt o A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: e Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail& o Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. in For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized a ent.Advise the clerk or mark the maiipiece with the endorsement"Restricted-Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ni ._ p . I. �. r .. • .•. M L.n . i -0 OFFICIAL USE ru Postage $ V 1:3 Certfied Fee /v O ReturnReceipt Fee Postmark O (Endorsement Required) $� Here ,A`t O Restricted Dery Fee VIVn/ E1 (Endorsement ReiNequired) r-3 Total Postage&Fees Ln 11 Sent To /L— ---- ----- - - ---------- L I f� Street,Apt:-N-o.: - --------- --- or PO Box No. --------------------------- City,SYate,ZIP+4� ZD� :ri rr Certified Mail Pro"vides: s A mailing receipt (—eABa)vooz eunr'ooes-od sd ■ A unique identifier for your mailpiece e A record of delivery kept by the Postal Service for two years, Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Maile. o Certified Mail is not available for any class of international mail. e NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Retum Receipt may be requested to provide proof of delivery.To obtain Return Receipt seance,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restrictedelivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. NORTH wt'. OL F L E O ti OSA cocNc�i Kw`y1' �RAreo IX- .(5 9SSACHO T. PUBLIC HEALTH DEPARTMENT Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation,105 CMR 410.000. Date: May 31,2006 To Owner of Record: Property Location: Mark Espero and Kevin Willoe 116R Marblehead Street Mailing Address North Andover, MA PO Box 351 N. Andover, MA 01845 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on May 26, 2006. 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 specified time period may result in further action by the North Andover Board of Health. 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 witnesses 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 have the right inspect and obtain copies of all relevant records concerning the matter to be heard. f' Su an Sawyer, RS HS Public Health Director 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com ORDER LETTER An authorized inspection of 116R Marblehead Street was performed by Board of Health staff on May 26, 2006 at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code,Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven (7) days of receipt of this Order Letter or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Resulatory reference Re-inspection 1)The Kitchen floor has damaged linoleum 410.500 Area near and under refrigerator is not cleanable - The owner must maintain all floors in good condition Repair or replace flooring as needed 2)Refrigerator gasket not sealing properly - Owner must maintain owner owned appliances Repair/replace gasket 3)Kitchen Walls with food spatter/unclean 410.352 - The tenant is responsible for maintaining Cleanliness Tenant must clean and maintain walls in kitchen 4) Screens in kitchen and on storm door in disrepair 410.552,410.551 - Screens must be provided and in good condition Repair/replace screens 5) Stove found unclean 410.352 - Tenant is responsible for cleanliness of appliances Tenant must clean Stove interior and exterior 6)Trash cans for exterior use found with 410.600© broken or missing lids. - The owner of must supply enough trash cans with tight filling lids to accommodate tenants needs for buildings with 3 or more units Purchase or replace trashcans as needed 7) Trash can—complaint of location of storage. 410.600 - locate them so as to be convenient to the tenant - and so that no objectionable odors enter any dwelling. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Do not store trashcans under any tenant windows 8)No hot water in kitchen—tenant produced letting 410.190 agreement stating the following, " the tenant is responsible for the payment of the following utilities and other charges in relation to the premises tenant pays cooking gas, electric,phone and cable". However, there is currently hot water in the bathroom indicating crossed utilities with another apartment. - Unless otherwise stated in a letting agreement,the landlord shall supply hot water to the apartment. Health Dept. and tenant are aware of Housing Authority monthly utility payment, however this contradicts the lease. There are 2 options 1)If the lease is incorrect,please provide supporting documentation. 2)If the lease is correct please change hot water connections as stated in the lease Cc: Hope Widtfieldt, Tenant 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.990: continued THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. 1. Rent Withholding(General Laws Chapter 239 Section 8A), f 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 to endanger or materially impair your health or safety and that your landlord knew an=bout 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 best to 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 code enforcement agency certifies that there are code violations which or endanger materially impair g Y P 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 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 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 rent money 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 net 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 LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: (NAME) (TELEPHONE NUMBER) I 4/8/05 105 CMR- 1644 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.990: continued THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE 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 to endanger or materially impair your health or safety and that your landlord knew an=bout 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 best to 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 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 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 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 rent money 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 net 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 LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: (NAME) (TELEPHONE NUMBER) 4/8/05 105 CMR- 1644 NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER �i.yvt, � 4— ADDRESS J& P Lila e �L DATE t/ 7 �� }� t - r.. - s _ X ICY 11,17 e:4r-5 . 4- J. ti p- ;�c zs c!i— -_z4 s PZ Ate.I�✓' - t�t� 7_tFn d� S C._ .=C2 cMAr ®7, Cs � d' la�� P SL r� r r Vy Rev.6/04 INSPECTOR NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 9 Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER ADDRESS DATE Rev.6/04 INSPECTOR NORTH Of�t�au X61~O cHHEALTH DEPARTMENT � use LJ,Intake Report - Taken by: C Date of Report: 0 Time: O "N) Ca teg ry/Type of Complaint: Address/Location of Incident: Name of Person RepMing: Phone Number: H or T�ame Phone Number: (Cell): of Alleged Violator: Phone Number of Alleged Violator: Complaint Details: q h s a A mor ma I C� (0-C Recommended corrective action to be taken: Immediate corrective action to be taken: To be Investigated by: Title: Date Scheduled for Investigation: Date Submitted for Data Entry: Date Entered: Grant, Michele From: Sawyer, Susan Sent: Monday, October 17, 2005 4:14 PM To: DelleChiaie, Pamela; Grant, Michele , Subject: housing complaint V �` I scheduled a heat complaint insp for this AM 9:00 Sherri brasher-978 258-5227-heat is not on. 114 Marblehead Street-lived there 3 months Landlord won't turn heat on Susan Sawyer, R.S. wy , Public Health Director � office 978 688-9540 fax 978 688-8476 a ( u c� 4 < < ILI -C-�Ll 2-P n n I Iq- k) 0 ,ter Lae, 46 1�� UJt, Y lu- 1 o 44,.L- C"I't1v I'n i t to B , 15 a, d-rui b.. t'/i t i � 6 h6c� 4 1 LTi v-�n, (Y� 6e 00�) UA , U R�I%vN o d4t64A -17i trL oV Vt-,5 'D5> -�-- `rL(— CLcU.vws 6A.c_ u res u-b A6," �. 1'.5 r) 0' co Oua,,=Y-c�,e� I 1, cQ b0:� Uj u`Gk lilt4 b-AAA O..,vv 7, "m' N 51, on ALL 11 O-C 41[\U o Grant, Michele From: Sawyer, Susan Sent: Monday, October 17, 2005 4:14 PM To: DelleChiaie, Pamela; Grant, Michele Subject: housing complaint V I scheduled a heat complaint insp for this AM 9:00 Sherri brasher-978 258-5227-heat is not on. 114 Marblehead Street-lived there 3 months Landlord won't turn heat on Susan Sawyer, R.S. Public Health Director office 978 688-9540 ro fax 978 688-8476 a lot 04 B If a �4U Is d Cob UIL Uk 110 VoR-,�'No r ,I Py1 - S ' 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.201: Temperature Requirements The owner shall provide heat in every habitable room and every room containing a toilet,. shower,or bathtub to at least 68°F(20°C)between 7:00 A.M.and 11:00 P.M.and at least 64°F (17° C)between 11:01 P.M. and 6:59 A.M.every day other than during the period from June 15th to September 15th,both inclusive, in each year except and to the extent the occupant is required to provide the fuel under a written letting agreement. The temperature shall•at no time exceed 78°F (25° C) during the heating season. The temperature may be read and the requirement shall be met at a height of five feet above floor level on a wall any point more than five feet from the exterior wall. The number of days per year during which heat must be provided in accordance with 105 CMR 410.000 may be increased or decreased.through a variance granted in accordance with the provisions of 105 CMR 410.840 notwithstanding the prohibitions of the first clause of the first sentence of 105 CMR 410.840(A). 410.202: Venting Space heaters and water heaters,except electrical ones,shall be properly vented to a chimney or vent leading to the outdoors. 410.250: Habitable Rooms Other than Kitchen--Natural Light and Electrical Outlets The owner shall provide for each habitable room other than a kitchen: ( (A) transparent or translucent glass which admits light from the outdoors and which is equal in area to no less than 8%of the entire floor area of that room. (B) two separate wall-type convenience outlets,or one such outlet and one electric light fixture. The outlets shall be placed in practical locations and shall insofar as practicable;be on different walls and at least ten feet apart. (See 105 CMR 410.351.) 4� 410.251: Kitchen Liehting and Electrical Outlets The owner shall provide for each kitchen: (A) one electric light fixture; (B) two wall-type convenience outlets located inconvenient locations;and (C) For each kitchen over 70 square feet,transparent or translucent glass which admits light from the outdoors and which is equal in area to no less than 8%of the entire floor area of that kitchen. 410.252: Bathroom Lighting and Electrical Outlets The owner shall provide in each room containing a toilet,bathtub,or shower one electric light fixture. (See 105 CMR 410.150(A)(1)and 410.150(B).) 410.253: Light Fixtures Other than in Habitable Rooms or Kitchens q (A) The owner shall provide and so locate electric light switches and fixtures in good working order so that illumination may be provided for the safe and reasonable use of every laundry, pantry, foyer, hallway, stairway, closet, storage place, cellar, porch, exterior stairway and passageway. (B) The owner shall provide working incandescent light bulbs or fluorescent tubes in all required light fixtures in all common areas of any dwelling. 410.254: Light in Passageways.Hallways, and Stairways (A) Except as allowed in 105 CMR 410.254(B),the owner shall provide light 24 hours per day so that illumination alone or in conjunction with natural lighting shall be at least one foot candle as measured at floor level, in every part of all interior passageways, hallways, foyers and stairways used or intended for use by the occupants of more than one dwelling unit or rooming unit: 4/8/05 105 CMR- 1622 • JF 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.151: Shared Facilities The owner of any dwelling in which any toilet,wash basin,shower or bathtub is to be shared by the occupants of more than one dwelling unit or one rooming unit shall maintain that toilet, wash basin, shower, bathtub, walls and floors in a clean and sanitary condition, which shall include the cleaning and sanitizing of said fixtures at least once every 24 hours. 410.152: Privies and Chemical Toilets Prohibited:Exceptions No privy or chemical toilet shall be constructed or continued in use;provided,that the board of health may approve in writing the construction or continued use of any privy or chemical toilet which it determines will not(a)endanger the health of any person;or(b)cause objectionable odors or other undue annoyance. When so approved,a privy or chemical toilet may,subject to written authorization of the board of health in accordance with 310 CMR 15.00, qualify as a toilet within the requirements of 105 CMR 410.150(A)(see 105 CMR 410.840). In no event may a privy be located within 30 feet of any building used for sleeping or eating, or of any lot line or street. 410.180: Potable Water The owner shall provide,for the occupant of every dwelling,dwelling unit,and rooming unit, a supply of potable water sufficient in quantity and pressure to meet the ordinary needs of the occupant,connected with the public water supply system,or with any other source that the board of health has determined does not endanger the health of any potential user. (See 105 CMR 410.350 through 410.352). In dwellings that are in compliance with the requirements of M.G.L.c. 186,§22,the owner may charge the occupants for actual water usage in accordance with M.G.L.c. 186, § 22. An owner may not shut off or refuse water service to an occupant on the basis that the occupant has not paid a separately assessed water usage charge. Examination of the water system shall include an examination of the plumbing system and its actual performance. If possible,such examination shall occur at the times and under such conditions as the occupant has identified the system as being insufficient. 410.190: Hot Water The owner shall provide and maintain in good operating condition the facilities capable of heating water. The owner shall also provide the hot water for use at a temperature of not less than 110°F(43°C)and in a quantity and pressure sufficient to satisfy the ordinary use of all plumbing fixtures which normally need hot water for their proper use and function,unless and to the extent the occupant is required to provide fuel for the operation of the facilities under a written letting agreement. The hot water shall not exceed 130`F(54°C). Inspection of the hot water system shall include an examination of the hot water system and its actual performance. If possible,such examination shall occur at the times and upder such conditions as the occupant has identified the system to be insufficient. 410.200: Heating.Facilities Required (A) The owner shall provide and maintain in good operating condition the facilities for heating every habitable room and every room containing a toilet,shower or bathtub to such temperature as required under 105 CMR 410.201. (B) Portable space heaters,parlor heaters,cabinet heaters,room heaters and any similar heaters having a barometric fed fuel control and its fuel supply tank located less than 42 inches from the center of the burner as well as the type of heating appliance adapted for burning kerosene,range oil or number one fuel oil and any portable wick type space heaters shall not be used and shall not meet the requirements of 105 CMR 410.200. (See M.G.L.c. 148, §§5A and 25B.) 4/8/05 105 CMR- 1621 DelleChiaie, Pamela From: Sawyer, Susan Sent: Monday, October 17, 2005 4:14 PM To: DelleChiaie, Pamela; Grant, Michele Subject: housing complaint scheduled a heat complaint insp for this AM 9:00 Sherri brasher-978 258-5227 - heat is not on. 114 Marblehead Street- lived there 3 months Landlord won't turn heat on Susan Sawyer, R.S. Public Health Director office 978 688-9540 fax 978 688-8476 1 grant, Michele From: DelleChiaie, Pamela Sent: Wednesday, October 19, 2005 8:52 AM To: Grant, Michele Subject: Diana- 114 Marblehead Street Hi Michele, Message on the machine from Diana-She turned on the thermostat at 7:45 p.m. last night, put a lock in the hallway, and a dead bolt in the attic. $a81 Ragavdg, Du�waBu DaAI�aG�lilA/a Health Department Assistant Town of North Andover 400 Osgood Street North Andover,MA o1845 978.688.9540-Phone 978.688.8476-Fax http://www.townofnorthandover.com healthdept@townofnorthandover.com 1 i Node@ to Vacate for Yon-Payment bt Rent October 17, 2005 Re: Landlord: Logan Realty Trust/Diana Roix A TRUE COPY ATTEST Tenant: Sheri Brasher, et al Address: 114' Marblehead St. 2nd. Floor, No. Andover, MA 01845 RONALD BERTHEIM Dear Tenant You are requested to leave the premises you no at the above named property. You have 14 days from receipt of this notice to leave or 1 will go/ evil you. This is not a judicial document. By law, a court is the final authority in titled to remain as a tenant, you or your lawyer may present your ca, The reasons the landlord wishes to end you of October 2005 the month(s) and you owe a total of: j0$497.00 j If you have not received a notice to quit for r" ou have it right to prevent termination of your tenancy by payin r r y or the person to whom you customarilyti pay your rent the full; �t of this notice. CHAMn.t+.ACT Of ifs 1 h I Notice to Vacate for Yon-Payment 61 Rent October .17, 2005 Re: Landlord: Logan Realty Trust/Diana Roix A TRUE COPY ATTEST Tenant: Sheri Brasher, et al Address: 114' Marblehead St. 2nd. Floor, No. Andover, MA 01845 RONALD BERTHEIM Dear Tenant You are requested to leave the premises you now rent as a tenant at the above named property. You have 14 days from receipt of this notice to leave or 1 will go to court and seek permission to evict you. This is not a judicial document. By law, a court is the final authority in every eviction, and if you believe you are entitled to remain as a tenant. you or your lawyer may present your case in court. The reasons the landlord wishes to end your tenancy is because you have not paid rent for the month(s) of October 2005 and you owes total of: $497.00 The rent for each month is $497.00 If you have not received a notice to quit for nonpayment of rent within the last twelve months,you have a right to prevent termination of your tenancy by paying or tendering to your landlord,your landlord's attorney or the person to whom you customarily pay your rent the full amount of rent due within ten days after your receipt of this notice. 00-"EA N+.ACr OF I f rn Sincerely, Md2Wrev) Itt W mom 4W.W. Logan Realty Trust ianA Roil North Andover Housing Authority One Morkeski Meadows rl ; North Andover, MA 01845 (978) 682-3932 (978) 794-1142 (FAX) NOTICE OF TERMINATION OF SECTION 8 RENTAL ASSISTANCE AND PROGRAM PARTICIPATION Certified Mail # 70022410000199485422 &Regular Mail October 5, 2005 Sherri Brasher 114 Marblehead Street North Andover MA 01845 Dear Sherri This letter is to inform you that your participation in the Section 8 Housing Choice Voucher Program and your rental assistance will terminate November 30, 2005 If you remain in the unit after this date, you will be responsible for the full amount of the rent. The reason for this action is 982.310 (d) (ii). A family history of disturbance of neighbors or destruction of property. This is based on the landlord and tenant complaints of noise. This is still after we already had a meeting at the North Andover Housing Authority to discuss the complaints of noise. As discussed in that meeting you would put down rugs and hang pictures on the walls to cut down on the noise. This has not been done and the noise continues. You did not have authorization to strip wallpaper and re- paint the unit. Any repairs or modification to the apartment needs to have written notice from the landlord. It is your responsibility to keep up with taking out the garbage on a timely basis. 982.552 (b) 1 Non payment of rent. Not paying our portion until the 16 or the 17`h. Rent is due on the first of eery month. An arrangem nttw stmade between yourself and the landlord to pay your rent on the 7ch of every month. This arrangement has not been kept. The specific facts upon which the violation is based is that This is in violation of all , the Section 8 Rules and Regulations. The source of this information is the North Andover Housing and your file. You have the right to request an informal hearing. If a hearing is desired, you must submit a written request to this office within 10 days of receipt of this letter. At the hearing you will have the opportunity to respond to the facts that led to this decision and/or have the opportunity to present additional facts that you wish to present. Unless the problem is resolved to the Housing Authority's satisfaction, administrative action will go forward. Rental assistance will be terminated, a repayment agreement to recover funds paid on your behalf may be instituted or the Authority may seek recovery through civil or small claims and/or local or federal prosecution. You may be represented by counsel at your expense. For you convenience, the nearest legal service is: Merrimack Valley Legal Services, Inc. 170 Common Street, Suite 303 Lawrence,MA 01840 (978) 687-1177 A copy of this letter will become a permanent record in your file Sincerely, Sandy Richards Leased Housing Program Coordinator J Page 1 of 2 Termination of Tenancy Created on 9/30/2005 10:47 AM .lr September 30, 2005 From: Logan Realty Trust. DianaRoix 190 Chickering Road Unit 314D North Andover, MA. 01845 To: Sheri Brasher 114 Marlblehead Street North Andover, MA. 01845 Termination of Tenancy Notification: Dear Sheri, This is to inform you that due to many numerous complaints since your tenancy with me as well as not complying with the Lease agreement and the meeting we had with the Housing.Authority, I have no choice but to terminate your lease effective December 3, 2005. This will give you 60 days to find another place to live. Reasons are as follows: 1. Many complaints from other tenants in building of loud noises at all times of day and night. 2. Complaints also from neighbors next door 3. Our agreement for paying rent because your check not received until the 3`d of the month was to pay by the 7th of every month has never been met. I never receive a payment until the 16th or 17th of the month. 4. After a meeting with the Housing Authority it was agreed upon that you would try to cut back on the noise by putting carpets on floors and curtains on windows as well as try to hang things up to absorb noise which has to this date still not been done. 5. You were asked to remove car in driveway with N.H. plates on it and still have not done so. 6. When you moved in I had the place all repainted and cleaned and everything in place like closet doors, blinds in windows screens in windows ect. Now closets doors have been taken off, screen in windows broken. 7. Apartment starting to smell like garbage. Garbage left in hallways instead of being put in garbage cans provided for all tenants. 8. Hallway entrance was stripped of wall paper without permission from landlord and kitchen started to be repainted without permission from landlord. Never one phone call asking if you could do this first. Page 2 of 2 Termination of Tenancy Created on 9/30/200,5 10:47 AM 9. Both front and back hallways have been barracked several times which is a fire and safety hazard and is also destructive to owner's property putting holes and dents in walls and doors. 10. Police have made several visits to residence since tenant moved in just 2 months ago. 11. Tenant has refused to let realtor in when a 24 hour notice has been given. Tenant was informed when lease was signed that house was on the market. Tenant also has called and been Rude to Realtor. Di Roix +( cc. Sandy Richards North Andover Housing Authority a� � � a � � � ���� � � � � � � � � . � � � � �� �� � � � � � � � ��� -114 MARBLEHEAD STREET 009.0-0019 Complaint Detail Report Printed On:Fri Feb 11,2005 Complaint#: CT-2005-000044 Status: In discovery GIS#: 195 Violator: Address: -114 MARBLEHEAD STREET Map: 009.0 Address: Date Recvd.: Feb-11-2005 Time Recvd.: 10:27 AM Block: 0019 , Category: Household Trash Lot: Type: GeoTMS Module: Board of Health District: Trade: Recorded By: Pamela DelleChiaie Zoning: Structure: Description: Complaint: Received a call from John Thomas who resides as a tenant at 114 Marblehead Street on the upper level of a three-family dwelling. The home is owned by Logan Realty Trust-Dianna Rioux is the contact. Mr.Thomas will call back with a contact number for them. The main issue is that the tenants on the lower level leave their trash out for 2-3 weeks at a time,always uncovered. Animals such as raccoons,etc. Continually get into it,and debris ends up all over the property. In addition,the owners have allowed the tenants to store things in the basement. The lower level tenants leave alot of junk there,such as old computers,cardboard boxes,tires,etc. These items also block access to the furnace to which water must be added to for the heat to work. The owners do not do this as they are not on the premises,so Mr.Thomas has taken on this responsibility. In the cold weather he must do it daily for the heat to come on. He cannot always get to the furnace easily because the other tenants debris blocks access. Also,the lower level tenants are heavy smokers,and the smoke wafts up to Mr.Thomas'apartment and affects the indoor air quality,especially in his daughter's room,and she has to go in and sleep in her parents room to breathe better. Mr.Thomas can be contacted at:978.258.1104. He will call back with the owners contact number. I will try to search out a phone number in the meantime.--p.d. Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Feb-11-2005 10:27 AM John Thomas (978)258-1104 Q Pamela DelleChiaie Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Feb-11-2005 10:36 AM Follow-Up by Health *NEW Inspector t � V GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. (� /;( � — Cm4a_4 �er�2or\ „ ��/����/�O P 1 of 1 v li U NI TA v