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HomeMy WebLinkAboutMiscellaneous - 46 ROYAL CREST DRIVE 4/30/2018/ — #4 , 46 Royal Crest Drive — October 3, 1997- T, Board of Health Department 30 School Street - 81997 North Andover, Massachusetts 01845 ' ATTN: Sandra Starr Dear Ms. Starr, The purpose of this correspondence is to inform you of the potentially dangerous and health hazardous conditions that I have experienced and which continue to occur at Royal Crest Estates, apartment#4, located at 46 Royal Crest Drive, N. Andover, Massachusetts. Enclosed please find a copy of a letter addressed to Mr. Morrin, Vice President of the Flatley Company, owner of said dwelling/apartment complex, informing him of the conditions I was enduring. Unfortunately, as a result of the grievance letter sent to Mr. Morrin, I received a Notice to Quit said apartment only three (3) days after the letter was written. It appears as if the Flatley Company is interested more in evicting residents rather than remedying problems. Subsequent to a number of court dates, I was given a two (2) day notice and evicted on October 2, 1997. Although I am no longer a resident of said apartment complex, ethically I felt it important to bring this information to your attention in an effort to prevent the Flatley Company from renting such an apartment to future residents (or rather victims in this case). I would gratefully appreciate correspondence after receiving and reviewing this material. Should you require additional information, please advise. I can be reached at work after 12:00 noon, Wednesday through Sunday, at (603) 890-8779. Any written correspondence can be mailed to: Frank W. Nocella c/o Maria Iannotti 1225 Pawtucket Blvd. #118 Lowell, MA 01854 I thank you in advance for your time. Respectfully, Frank W. Nocella i Frank TV .Nocella 81997 46 Royal Crest Drive, Apt. # 4 North Andover, Massachusetts 01845 (508) 691-5284The Flatley Company May 27, 1997 50 Braintree Hill Office Park Braintree, Massachusetts 02184 Attn.: Paul Morin Vice President Dear Mr. Morin Thep purpose of this correspondence is to inform you and document v �'P P y several grievances about apartment#4 located at 46 Royal Crest Drive, North Andover, Massachusetts. As the complex staff is well aware from our numerous telephone and/or face-to-face contacts, there have been a plethora of problems and disturbances about the aforementioned apartment which I have been occupying since December 1996. To begin with, I feel as if I have been misled about the apartment from the very beginning. Leasing Representative, Marsha Kargtis, told me I would reside in an apartment on the first floor. However, the apartment rented to me is technically a basement apartment; a far cry from what I was told I would be renting. Further, I was informed that utilities to heat the apartment would cost no more than $75.00 per month. This too was untrue. The apartment is heated as little as possible and only when completely necessary and still I have spent as much as $134.00 a month. Being underground, the apartment is very cold and only seems to warm when the thermostat is set well above 70-75 degrees Fahrenheit. As a tenant, I have the right to quiet enjoyment of my rental property. However, being placed next to the laundry/garbage room I have yet to enjoy any peace and quiet in these dwellings. The washer and dryer are being operated into late night and early morning hours. As a result, the wall of my apartment vibrates causing much disturbance. Due to the nature of this apartment, that being an underground dwelling, it is very dark inside. Virtually no outside light enters the apartment. As a result, a request for track lighting was put into management over 11/2 months ago. I have yet to receive this lighting. Of great concern is the water problem the apartment has. Since occupying this apartment the kitchen has taken in water through the piping under the sink approximately 8-9 times, which inversely causes the bathroom sink, tub and toilet to back up. I have spent much money on towels and personal time away from work to clean up the mess that results from this problem and feel monetary restitution is not only in order but appropriate. Maintenance has been informed and came to the dwelling 3-4 times. The_y_have told me that they are not sure what the problem is or . , y I why it is happening, thus nothing has been done to fix this problem and flooding continues to occur. I have been informed by long-term residents of building 446 that this apartment has a history of water problems. Additionally, within the past several months, the apartment has developed a very strong, distinct order of must and mold. I do not doubt that this odor is the result of the watcr problcm, the apartment bcing undcrground or a combination of both. Furthermore, this water problem does not provide for safe, healthy or livable conditions of rental property as laws dictate. A serious accident or health complications could easily occur. The Flatley Company; Royal Crest Estates are bound by local and state statutes to repair such problems. As a result of the aforementioned problems without any corrections made or in some cases - even attempted, I have requested and continue to request a change in apartments. Predictably, I have been put off, essentially ignored and told tales of waiting lists and transfer fees. If such long waiting lists exist, why is it I find notices posted throughout the complex enticing residents with promises of money or rent reductions in exchange for referring friends to rent from the Flately Company at Royal Crest Estates? A final grievance to be noted is the manner in which the staff has conducted business and treated me, not only as a tenant but as a human being. It is in my human right to be treated fairly without prejudice or bias. However, all grievances have been ignored and disregarded as insignificant and unimportant. General Manager, Stephanie Jones, has handled herself in a very unprofessional manner. Rather than investigating and correcting problems brought to her attention, her only concern seemed to be my evacuation from the apartment. Specifically, offering to break my lease so I could leave the premises. She has been informed numerous times that I am not interested in leaving the complex,just this particular apartment. Yet, she continually insists on offering to break my lease. Getting rid of the tenant will not solve these problems. Should these grievances continue to be ignored and no corrections or satisfaction presents itself within two (2) weeks of the date of receipt of this letter, local health and housing departments will be notified and asked to investigate this situation and legal council will be sought to protect my rights as a tenant. After receiving and reviewing this material, I would appreciate a reply addressing the issues contained herein. I trust you will take the appropriate actions necessary in correcting these problems and in preventing fin-ther difficulties. Sincerely Frank W. Nocella cc: Bernie Cambell Stephanie Jones i Date: October 10, 1997 To Owner of Record: Property Location: The Flatley Company 46 Royal Crest Dr. 50 Royal Crest Drive Apartment#4 North Andover, MA 01845 N. Andover, MA 01845 Please be advised that a complaint has been received at the North Andover Health Department concerning the unit address above. The complaint cited many conditions which are violations to the Human Habitation code of Massachusetts as described in the attached document. We have been advised that the complainant is no longer occupying the apartment, however, a representative of the Board of Health can be required by law to inspect any rental property of which a complaint has been lodged against. This authorization is stated in 105 CMR 400.100, "...agent or representative of either are authorized to enter, examine or survey at any reasonable time such places as they consider necessary, and otherwise to conduct such examination..." Please contact this department within three days of receipt of this letter so that we may discuss this further and set up a convenient time for inspection of the premises. Thank you for your cooperation in this matter. Sandra Starr, R. S. Health Administrator i ALLEGED VIOLATIONS VIOLATION REGULATION Conditions and Maintenance of a 940 CMR 3.17(1) a,b,c,d,e,i dwelling unit (see attachment) Water enters through joint of pipe 105 CMR 410.500 + 501© under the kitchen sink. Constant musty smell from dampness. J F Date: October 10, 1997 To Owner of Record: Property Location: The Flatley Company 46 Royal Crest Dr. 50 Royal Crest Drive Apartment#4 North Andover, MA 01845 N. Andover, MA 01845 Please be advised that a complaint has been received at the North Andover Health Department concerning the unit address above. The complaint cited many conditions which are violations to the Human Habitation code of Massachusetts as described in the attached document. We have been advised that the complainant is no longer occupying the apartment, however, a representative of the Board of Health can be required by law to inspect any rental property of which a complaint has been lodged against. This authorization is stated in 105 CMR 400.100, "...agent or representative of either are authorized to enter, examine or survey at any reasonable time such places as they consider necessary, and otherwise to conduct such examination..." Please contact this department within three days of receipt of this letter so that we may discuss this further and set up a convenient time for inspection of the premises. Thank you for your cooperation in this matter. Sandra Starr, R. S. Health Administrator I ALLEGED VIOLATIONS VIOLATION REGULATION Conditions and Maintenance of a 940 CMR 3.17(1) a,b,c,d,e,i dwelling unit (see attachment) Water enters through joint of pipe 105 CMR 410.500 + 501© under the kitchen sink. Constant musty smell from dampness. M 3.17: Landlord-Tenant (1) Conditions and Maintenance of.a Dwelling Unit. It shall be an unfair or deceptive act or practice for an owner to: (a) Rent a dwelling unit which, at the inception of the tenancy 1. contains a condition which amounts to a violation of law which may endanger or materially impair the health, safety, or well-being of the occupant: or 2. is unfit for human habitation: (b) Fail, during the terms of the tenancy, after notice is provided in accordance with M.G.L. c. ill, s. 127L. to 1. remedy a violation of law in a dwelling unit which may endanger or materially impair the health. safety, or well-being of the occupant. or 2. maintain the dwelling unit in a condition fit for human habitation; provided, however, that said violation of law was not caused by the occupant or others lawfully upon said dwelling unit: (c) Fail to disclose to a prospective tenant the existence of any condition amounting to a violation of law within the dwelling unit of which the owner had knowledge or upon reasonable inspection could have acquired such knowledge at the commencement of the tenancy; (d) Represent to a prospective tenant that a dwelling unit meets all requirements of law when. in fact. it contains violations of law; (e) Fail within a reasonable time after receipt of notice from the tenant to 12/31/86 940 CMR - 23 940 C;•tR: OFFICE OF THE AT'T'ORNEY GENERAL 3.17: continued make repairs in accordance with a pre—existing representation made to the tenant; (f) Fail to provide services and/or supplies after the making of any representation or agreement, that such services would be provided during the term or any portion of the term of the tenancy agreement; (g) Fail to reimburse the tenant within a reasonable or agreed time after notice, for the reasonable cost of repairs made or paid for, or supplies or services purchased by the tenant after any representation, that such reimbursement would be made; (h) Fail to reimburse an occupant for reasonable sums expended to correct violations of law in a dwelling unit if the owner failed to make such corrections pursuant to the provisions of M.G.L. c. 111, S. 127L, or after notice prescribed by an applicable law; (i) Fail to comply with the State Sanitary Code or any other law applicable to the conditions of a dwelling unit within a reasonable time after notice of a violation of such code or law from the tenant or agency. (2) Notices and Demands. It shall be an unfair or deceptive practice for an owner to: (a) Send to a tenant any notice or paper which appears or purports to be an official or judicial document but which he knows'is not; (b) Fail or refuse to accept any notice sent to any address to which rent is customarily sent, or given to any person who customarily accepts on behalf of the owner, or sent to the person designated in the rental agreement in accordance with 940 CMR 3.17(3)(b)2. (c) Demand payment for increased real estate taxes during the term of the tenancy unless, prior to the inception of the tenancy, a valid agreement is made pursuant to which the tenant is obligated to pay such increase. (3) Rental Agreements. (a) It shall be unfair or deceptive act or practice for an owner to include in any rental agreement any term which: i. Violates any law; 2. Fails to state.clearly and conspicuously in the rental agreement the conditions upon which an automatic increase in rent shall be determined. Provided, however, that nothing contained in 940 CMR 3.17(3)(a)2 shall be deemed to invalidate an otherwise valid tax escalator clause; 3. Contains a penalty clause not in conformity with the provisions of M.G.L. c. 186, s. 1513; 4. Contains a tax escalator clause not in conformity with the provisions of M.G.L. c. 186, S. 15C; (b) It shall be an unfair or deceptive practice for an owner to enter into a written rental agreement which fails to state fully and conspicuously, in simple and readily understandable language: 1. The names, addresses. and telephone numbers of the owner, and any other person who is responsible for the care, maintenance and repair of the property; 2. The name, address, and telephone number of the person authorized to . receive notices of violations of law and to, accept service of process on behalf of the owner; 3' The amount of the security deposit, if any; and that the owner must hold the security deposit in a separate, interest-bearing account and give to the tenant a receipt and notice of the bank and account number; that the owner must pay interest, at the end of each year of the tenancy, if the security deposit is held for one year or longer from the commencement of the tenancy; that the owner must submit to the tenant a separate written statement of the present condition of the premises, as required by law, and that, if the tenant disagrees with the owner's statement of condition, he/she must attach a separate list of any damage existing in the premises and return the statement to the owner; that the owner must, within thirty days after the end of the tenancy, return to the tenant the security deposit, with interest, less lawful deductions as provided in M.G.L. c. 186. s. 15B; that if the owner deducts for damage to the premises, the owner shall provide to the tenant, an itemized list of 12/31/86 940 CMR -24 NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report COMPLAINT # ` A COMPLAINANT •-���c/�voG 'GC/`►" ADDRESS OF PREMISES OCCUPANT OWNER �� �1� OWNER'S ADDRESS ¢ DATE OF INSPECTION AQ HOUR /Q ROOMS/VIOLATION: INSPECTOR Form NHIR•1 Action Press 685.7000 ?;. NOR_T^O,I Q ED !'6.q6 � BOARD OF HEALTH a� A�9 °' 120 MAIN STREET i.i i 7 pDAATED TP`y'�y �ssq�►+us�� NORTH ANDOVER, MASS. 01845 TEL. 682-6400 COMPLAI14T FORK DATE 1`lade by r ; #tTmt AddressQ Tel . Nature of complaint 1 ' Location Occupants �L Owner or Agent 1,e,-1`7 Address j-A 3�/ DO NOT WRITE BELOW THIS LINE Referred to Date of Investigation ' , "Result of investigation I .,'Recommendations Action taken