HomeMy WebLinkAboutMiscellaneous - 601 ALDER WAY 4/30/2018 (2) f,
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North Andover Health Department
Community Development Division
Letter of Compliance
DATE: December 31,2014
TO OWNER OF RECORD PROPERTY LOCATION
Jatin Jain 601 Alder Way
Diksha Bhatia North Andover, MA 01845
205 Walden Street Apt 3K
Cambridge, MA 02140-3508
Property Agent
Lynne Rudnicki
A Health Department ORDER LETTER date July 16, 2014 was issued to you as owner 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. Re-inspections of the property have
found that all of the violations noted on the Order Letter have been corrected except for the
submission of the proof of plumbing inspection. As the building department has reported that the
plumber is uncooperative in this matter, and a final inspection has not been requested or
conducted by plumbing,this COC does not include that item. Thank you for your cooperation in
this matter.
Sincer y,
S an Y. Sawyer, 5/RS
Public Health Director
1600 Osgood Street,Unit 2035,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 918.688.8476 Web www.townofnorthandover.com
Sawyer, Susan
From: Deems, Maura
Sent: Thursday,August 14, 2014 4:20 PM
To: Sawyer,Susan
Subject: RE:601 Alder
Sue,
A permit was pulled#10665 on 8/4/2014 by Uhlig P&H .
There is no notation that it has been inspected by Jim.
Maura
From: Sawyer, Susan
Sent:Thursday, August 14, 2014 3:14 PM
To: Deems, Maura
Subject: RE: 601 Alder
Hi Maura, do you know if this was inspected yet?
From: Sawyer, Susan
Sent: Monday,August 04, 2014 1:31 PM
To: Deems, Maura
Subject: RE: 601 Alder
Ok,oh And I had told Jim,that the old water heater was still up on the third floor and he said it must be removed.
From: Deems, Maura
Sent: Monday,August 04, 2014 1:29 PM
To: Sawyer, Susan
Subject: RE: 601 Alder
No don't think that is necessary, maybe they had to hire someone else to get the job done.
Maura
From: Sawyer, Susan
Sent: Monday, August 04, 2014 12:17 PM
To: Deems, Maura; Hurley,Jim
Cc: Grant, Michele; Murphy, Peter
Subject: RE: 601 Alder
Lynne Rudniki is the"management company representative"for Mr.Jin.
Never heard of Uhlig but I can ask the owner if you want me to.
From: Deems, Maura
Sent: Monday,August 04, 2014 12:05 PM
To: Sawyer, Susan; Hurley, Jim
Cc: Grant, Michele; Murphy, Peter
Subject: RE: 601 Alder
Sue,
1
Joshua Uhlig(Uhlig P&H) not Mark Burke was in today 8/4/14 to pull a plumbing permit for a water heater at 601 Alder
Way. I have the owner name to be Lynn Rudnicki not Latin Jay.
Everyone is changing names!
I am just waiting on insurance from Mr. Uhlig in order to issue the plumbing permit.
Maura
From: Sawyer, Susan
Sent: Monday, August 04, 2014 10:30 AM
To: Hurley,Jim
Cc: Deems, Maura; Grant, Michele
Subject: 601 Alder
Jim,This is the water heater on the third floor I told you about.You should be hearing from these people below. Maybe
you did already.
The did the repair over a month ago at the Oakridge estates; 601 Alder Way.
I don't know if there was electrical needed to do this as well. If yes, please pass this on to Peter.
Thx
Susan
Owner Latin Jain
601 Alder Way
The plumbing was done by http:Hwww.markburkeplumbineheating.com/who is a licensed plumber.They are pulling
the town permits and should have them by Monday 8/4.
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
II ,fit
2
2357-'TURNPIKE STREET 108.A-0017
Complaint Detail Report
Printed On:Fri Jul 11,2014
Complaint#: CT-2015-000004 Status: In discovery GIS#: 8012 Violator: Oakridge Village Maplewood R`
snr'a Address: 2357 TURNPIKE STREET Map: 108.A Address: 63 Atlantic Ave.
-- - Date Reevd.: Jul-11-2014 (Time Reevd.: 11:32 AM Block: 0017 BOSTON,MA 02110
r Category: Housing Lot:,,. _... ..Tvne:. Cnrrunercial
GeoTMS Module: Board.of Health ler yManagement
Recorded By: Lisa Blackburn idge Village
Description
Elisa Farber(,tenant at 60t Alder Way,water damage to lower le airman but still have not gotten
Complaint: e g , - r
back to her to give her a date whey they will finish fixing problei � /��L-- s � ��y` I� L30-1:00
Comments: 1;;,v Z� �y
Inspector Assigned to Complaint: Susan Sawyer
Contacts I
Contact Type Date Time Name >E Response
Tenant Jul-11-2014 11:32 Elisa Farber y'� Follow-Up by Health
AM Y �5 v� �� �� is Director
I, I
Actions Taken
GeoTMS Module Status Date Time vents
Board of Health REFERRAL
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30
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GeoTMS®2014 Des Lauriers Municipal Solutions, Inc. Page 1 of 1
2351 URNPIKE STREET I08.A-0017
Complaint Detail Report
Printed On:Fri Jul 11,2014
Complaint#: CT-2015-000004 Status: In discovery GIS#: 8012 Violator: Oakridge Village MaplewoodR
'rxu'r- Address: 2357 TURNPIKE STREET Map: 108.A Address: 63 Atlantic Ave.
--. Date Recvd.: Jul-11-2014 Time Recvd.,• 1132 AM Block: 0017 BOSTON,MA 02110
Category: Housing Lot: Type: Commercial
GeoTMS Module: Board of Health District: Trade: Property Management
Recorded By:; Lisa Blackburn - Zoning T71 Structure:Oakridge Village
Description
Complaint: Elisa Farbert,tenant at 601 Alder Way,water damage to lower level bedrooms,ceiling,floor,mattress,etc.Mgmt company sent repairman but still have not gotten
back to her to give her a date whey they will finish fixing problems.(see attachedemail).Inspection set for Monday July 14th at 12:30-1:00
Comments: F L, t7 ci '7-7 — -ZA,3,
Inspector Assigned to Complaint:ISusan Sawyer
Contacts
Contact Type Date Time Name Phone Best Time To Reach Recorded By Response
Tenant Jul-l 1-2014 11:32 Elisa Farber Lisa Blackburn Follow-Up by Health
AM Director
Actions Taken
GeoTMS Module Status Date Time Response Type Action Taken Comments
Board of Health REFERRAL
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GeoTMS®2014 Des Lauriers Municipal Solutions,Inc. Page 1 of 1
Blackburn Lisa
From: Sawyer,Susan
Sent: Friday,July 11,201410:21 AM
To: Blackburn, Lisa
Cc: Grant, Michele
Subject: new complaint
PIs put in Geo. Michele I am available if you can't go.
Elisa Farber -tenant
Homesellers Edge??? Lynne Rudnicki management company
601 Alder Way
Renter of a Town house in Maplewood Condo complex
Boiler on third floor broke; caused water damage to lower level bedrooms;ceiling,floor, mattress etc.
Mgmt company sent repairmen who removed all wet item; rugs, mattress,wallboard,etc
23 Days ago.
They will not give her a date when they are coming back to finish.Tenant has a 1 year old
Inspection set for Monday,July 14,2014 at 12:30—1.
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
^�t11R4�
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:http://www.sec.state.ma.us/pre/preidx,htm.
Please consider the environment before printing this email.
.4 1
Blackburn, Lisa
From: Sawyer, Susan
Sent: Tuesday,October 21, 201410:01 AM
To: Blackburn, Lisa
Subject: FW:601 Alder Way-vent
PIs put info below in the file
601 Alder way
Thx
From: Jatin Jain [mailt0atiniainCa�gmail.com]
Sent: Monday, October 20, 2014 4:40 PM
To: Sawyer, Susan
Subject: Fwd: 601 Alder Way-vent
Hello Susan,
See message from Lynne on our progress. I will keep you posted on our progress. Inspection has been paid for
but not scheduled yet.
Best,
Jatin
----------Forwarded message----------
From: Lynne Rudnicki<Iynneghs-ed e.com>
Date: Mon, Oct 20, 2014 at 6:21 AM
Subject: 601 Alder Way-vent
To: Jatin Jain<jatiniainkgmail.com>
Jatin,
The vent cover has been installed. Plumber still hasn't responded on the inspection. The company was sold
shortly after the original leak and the new owner paid for the inspection but hasn't scheduled.
Regards,
Lynne
Lynne Rudnicki
Broker,Realtor
978-771-5564 Phone
978-822-4400 Fax
Home Sellers Edge
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Town of North Andover COPY
CORRECTION O R D E R for HOUSING INSPECTION
Issued under the provisions of
The State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation 105 CMR 4 10.00
Date: July 16, 2014
To: Owner/Agent of Record: Property Location:
Jatin Jain 601 Alder Way
Diksha Bhatia North Andover, MA 01845
205 Walden Street Apt 3K
Cambridge,MA 02140-3508
An authorized inspection was made of your property at the above address on July 14, 2014.
This inspection revealed violations of the State Sanitary code, Chapter II, as listed below.
Owner must repair within seven days or contact a contractor for work and submit proof of contract within seven
days. Proof of contract to be completed within 30 days. A re-inspection will be scheduled for seven days after
receipt of the order letter for corrective action. Failure to act will result in further action.
105 CMR 410.000
Bedrooms
Regulation# Description ✓if conditions may Time limit for
endanger or impair
health,safety or compliance
well-being
.500 - First floor bedroom ceiling sheetrock cut Owner must repair within
out. Open ceiling. Insulation removed. — 7 days or contact a
Owner must maintain all structural contractor for work.
elements in good condition and easy to Completion is to be
clean within 30 days.
.500 - First floor rug cut out and rug pad— Owner must repair within
Owner must maintain all floors in easily 7 days or contact a
cleanable and habitable condition contractor for work.
Completion is to be
within 30 days.
.500 - Second floor master bedroom ceiling Owner must repair within
sheetrock cut out. Approx 15x15 7 days or contact a
Insulation removed.—Owner must contractor for work.
maintain all structural elements in good Completion is to be
condition within 30 days.
.400 - Second floor rug and pad cut out— Owner must repair within
unfinished wood exposed.Nails and 7 days or contact a
tacks in floor. Room not habitable. contractor for work.
Owner must maintain all floors in easily Completion is to be
cleanable and habitable condition. within 30 days.
Living Room
kegulation# Description ✓if conditions may Time limit for
endanger or impair
health,safety or compliance
well-being
Ceiling in Living room has seam and water Owner must repair within
marks indicating possible water damage. Owner 7 days or contact a
must maintain structure free from water contractor for work.
infiltration and repair possible old issues. Completion is to be
Professional must evaluate and repair as needed within 30 days.
410.481 No Posting of name of owner. Per code; Owner must place posting
An owner of a dwelling which is rented for within 7 days.
residential use,who does not reside therein and
who does not employ a manager or agent for
such dwelling who resides therein, shall post
and maintain or cause to be posted and
maintained on such dwelling adjacent to the
mailboxes for such dwelling or elsewhere in the
interior of such dwelling in a location visible to
the residents a notice constructed or durable
material,not less than 20 square inches in size,
bearing his name, address and telephone
number. Where the owner employs a manager
or agent who does not reside in such dwelling,
such manager or agent's name, address and
telephone number shall also be included in the
notice. (See M.G.L. c. 143, § 3S.)
Boiler Room 3rd Floor
Regulation# Description ✓if conditions may Time limit for
endanger or impair
health,safety or compliance
well-being
410.351 - Boiler has been replaced; old boiler still Owner must submit proof
present on the third floor. Owner must within 7 days as
comply with state law. Please provide requested.
information and proof on the proper
replacement of the boiler, including
name of contractor and proof of town
permit.
NOTE: Tenant states that the boiler on the third floor let go and water damaged the lower levels 26 days ago.
All water damaged: carpets, sheetrock,insulation etc. were removed 24 days ago. Tenant states there has been
no action since that time.
You are hereby ORDERED to correct these violations within the noted time limit. Failure to comply within the
allotted time period, or subsequent violations,may result in a criminal complaint against you. You have a right
to request a hearing before the Board of Health/Health Director. This request must be made by you, in writing,
and filed within seven days after the day this order was served. If you request a hearing, 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. The petitioner has the right to represented at the hearing. Condition exist
which ma permit the occupant of the dwelling to exercise one or more statutory remedies.
bus n Sawyer, H4alth D ee
List Attachments: to ants rights doc.
State delivery method to Owner: certified mail and regular mail delivery
and Occupant : regular mail delivery
Cc:tenant
}
105 CMR: DEPARTMENT OF PUBLIC HEALTH
410.990: continued
t
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 nray 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.
i
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 yourlandlord 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 fourmonths'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)
(ADDRESS)
1/26/07 105 CMR-1644
NORTH ANDOVER HEALTH DEPARTMENT
27 Ctayfesre h ndMA�,01845
ri c
Tel. 978 688-9540 • F : 978 688-9542
email.- healthdept@townofnorthandover.com
Complaint Investigation/Inspection Report
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Rev.6/04 INSPECTOR
Sawyer, Susan
From: jatinjain@gmaiLcom
Sent: Friday,August 29, 2014 12:28 PM
To: Sawyer, Susan
Subject: Re:601 Alder Way-ceiling repair and carpet
Hi Susan,
Thank you. I will follow up in the issues noted below and send you an update.
Best,
Jatin
On Aug 29, 2014, at 11:49 AM, "Sawyer, Susan" <ssawyerktownofnorthandover.com>wrote:
Good morning,
I just conducted a re-inspection of your property to confirm correction of items on the Order Letter.
The majority of items were corrected to meet the standards of the Human Habitation Code.
There are 2 items to discuss
1) 1 spoke to the plumbing inspector this morning.Your plumber has still not called for an
inspection of his work.This must be done before a Certificate is issued
2) In repairing the master bedroom; it was identified that one of the two air vents had been
improperly covered up.This interferes with the system as it was designed to circulate air in you
unit. It was a problem and the worker is obligated to fix anything that may not meet the code.
So, rather than covering up a problem, he cut the hole where the ventilation is in place. This
vent should not be returned to a non-compliant condition.A vent cover that fits the area has to
be installed. Please do not sheet rock over vents. I will not issue an amended order letter if you
confirm that a vent cover will be installed.
Thank you,
Susan
From: Sawyer, Susan
Sent: Monday, August 18, 2014 9:32 AM
To: 'jatinjain@gmail.com'
Subject: RE: 601 Alder Way-ceiling repair and carpet
I guess you should have your plumber call for an inspection, but they are only in the office from 7:30—9
AM.
Susan
From:jatinjain@gmail.com [mailtoJatinjain gmaiLcom]
Sent: Friday, August 15, 2014 12:36 PM
To: Sawyer, Susan
Subject: Re: 601 Alder Way-ceiling repair and carpet
Hi Susan,
Thanks for the update. Is there something I need to do to drive this?
Please advice.
Best,
Jatin
On Aug 15, 2014, at 8:48 AM, "Sawyer, Susan" <ssawyerktownofnorthandover.com>wrote:
I spoke with the plumbing inspector.A permit was pulled but no one has called for an
inspection yet. I will wait until it is inspected to come out.
Susan
From: iatinjain@gmail.com [mailto:jatinjain gmail.com]
Sent:Thursday, August 14, 2014 4:17 PM
To: Sawyer, Susan
Subject: Re: 601 Alder Way-ceiling repair and carpet
Ok-thanks. I'll skip the pictures since you are planning on an inspection. Thanks
for helping us sort this out in an amicable manner. Appreciate your support!
Best,
Jatin
On Aug 14, 2014, at 1:12 PM, "Sawyer, Susan"
<ssavv er(a,townofnorthandover.com>wrote:
You can if you have them, but I still will arrange a visit so I can re-inspect
the premise.You will receive a Certificate afterwards.
Thankyou
Susan
From: jatinjain@gmail.com [mailto:jatinjain@gmail.com]
Sent:Thursday,August 14, 2014 4:11 PM
To: Sawyer, Susan
Subject: Re: 601 Alder Way-ceiling repair and carpet
Hi Susan,
It's all done! Do I need to send you pictures etc?
Best,
Jatin
On Aug 14, 2014, at 12:14 PM, "Sawyer, Susan"
<ssalMer@townofnorthandover.com> wrote:
Hi Mr.Jain,
I am just checking in on the progress.
Thank you,
Susan
From: jatinjain@gmail.com
[mailto Jatinjain@gmail.com]
Sent: Wednesday, August 06, 2014 9:08 PM
2
To: Sawyer, Susan
Subject: Fwd: 601 Alder Way-ceiling repair and carpet
Hi Susan,
Just an update. Please see entire email thread below.
I'm crossing my fingers and hopefully we can have
this behind us quickly.
Best,
Jatin
Begin forwarded message:
From: Lynne Rudnicki <lynnenhs-
ed e.com>
Date: August 6,2014 at 11:48:03
AM PDT
To: Elisa Farber
<efarber449 gmail.com>
Subject: Re: 601 Alder Way-
ceiling repair and carpet
Elisa,
The paint is not toxic it's low voc
and the living room ceiling needs to
be done now per the order. They are
not available to do on the weekend
and all the painting needs to be done
at once and before the new carpet
goes in. Bob from Service Master
just confirmed he will have someone
there tomorrow afternoon, arriving
between 3:30-4:00pm. They don't
expect it to take more than an hour to
re-roll out a coat of paint on the
bedroom ceiling and to paint about 1
square feet of the living room
ceiling. The entire ceiling is not
being painted in the living room just
the small mark.
If you can't be home or wish to go
out with your child because of your
concern with the odor, let me know
in advance and I'll arrange access.
The carpet has been scheduled for
Friday with an arrival time of
approximately 9am-9:30AM,that
should take a good part of the day
3
and the personal belongings on the
floor of the bedroom closets will
need to be removed before they
arrive so they can put the carpet
in. They will shift the big stuff
around in the rooms. Again, I'll need
to know if I have to make
arrangements to provide access or
not.
Best Regards,
Lynne Rudnicki
Broker/Realtor
978-771-5564 phone
978-822-4400 fax
Home Sellers Edge
www.HS-Ed eg com
www.Lynne(2HS-Ed eg com
On Aug 5, 2014, at 10:42 PM,Elisa
Farber<efarber442gmail.com>
wrote:
Lynne,
I want to ask you to let me know
about service master availability to
do the painting. We have a couple of
things going on and I am very
concerned of the living room being
painted because it will be very
smelly,that would have to be done
when we are not here, specially with
the baby. The smell is very toxic, so
this is a problem with us in the
house. My suggestion is that he
comes on Thursday to do the
bedroom and then comes back very
early on Saturday, so we plan to
spend the weekend away. There is no
way for the living to be painted with
us here-this is a health concern, so
please,plan this with great care.
Please, let me know.
Elisa
4
r
On Tue, Aug 5,2014 at 4:07 PM,
Lynne Rudnicki <1 nne hs-
ed eg com>wrote:
Elisa.
As discussed yesterday,the ceiling
needs to be fixed properly in a
workmanlike manner. It's not
acceptable and needs to be fixed by
the contractor responsible for doing
the work so can't be done later. They
can't be paid until the finish the job
acceptably and we need to give the
opportunity to correct the
mistake. Service Master hopes to do
this on Thursday and also fix the
living room ceiling which is required
too. As soon as they confirm
definitively,I'll let you
know. They've typically told us
they'd start working at 9am so I
would assume this would be the
same. The carpet will be done
thereafter.
Best Regards,
Lynne Rudnicki
Broker/Realtor
978-771-5564 phone
978-822-4400 fax
Home Sellers Edge
www.HS-Edge.co
www.LMegHS-Ed eg com
5
i
Blackburn, Lisa
From: Sawyer, Susan
Sent: Thursday,August 21,201410:38 AM
To: 'efarber44@gmail.com'
Cc: Blackburn, Lisa
Subject: 601 Alder Way repairs
Hello Elisa,
I understand that the repairs are done, but there has been no inspection by the plumbing inspector.
I need to conduct a Health Department re-inspection next week if possible.
I am off Friday, but if you could just email me and let me know if Monday afternoon or Tuesday would work for you?
That would be great. If neither work, please let me know when you are available.
Thank you,
Susan
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
oE.
1
Sawyer, Susan
From: Sawyer, Susan
Sent: Monday,August 04,2014 10:32 AM
To: Hurley,Jim
Cc: Deems, Maura
Subject: FW: Health Dept letter
From: iatinjain@amail.com [mailto:jatinjain(nlgmail.com]
Sent: Monday,August 04, 2014 10:09 AM
To: Sawyer, Susan
Subject: Re: Health Dept letter
Hello Susan,
Attached is the receipt for the hot water heater that was replaced.
1
Please find the attached document as we discussed on the phone today.
As we had an incorrect address; please note the relevant date is the date you received the actual
document.
The timeline begins the date you received it from this office.
Please send me any relevant information in regards to repairs.
Thank you
Susan
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawyer@townofnorthandover.com
Web www.TownofNorthAndover.com
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Best,
Jatin
On Jul 28,2014,at 12:40 PM,"Sawyer,Susan"<ssawVer@townofnorthandover.com>wrote:
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Sawyer, Susan
From: Jatin Jain <jatinjain@gmail.com>
Sent: Friday,August 01,2014 4:19 PM
To: Sawyer, Susan
Subject: Re: Health Dept letter
Attachments: signange jpg
Hello Susan,
This is in response to the notice that i received.
The dry-walls have been installed and painted. We have gotten measurements for the carpet/padding.
Installation of the carpet is expected to begin next week and we plan on completing this within 2 weeks from
today.
We have posted the signange with owner+management company contact information inside the townhouse.
(See attach picture or proof)
Your notice states "boiler". We don't have any boiler. We have a furnace and an electric water heater. The water
heater has been replaced.
I will send you the receipt for proof shortly. The plumbing was done by
http://www.markburkeplumbingheating.com/who is a licensed plumber. They are pulling the town permits and
should have them by Monday 8/4.
Please let me know if i need to respond in a different format or if this email response is sufficient as a response
to your notice.
Additionally, i would like to point out that the tenant has been removing the smoke detector near the kitchen.
My rental management company has told the tenant not to do so on 2 different occasions. I just wanted to bring
this to your attention becasue this is a hazardous situation.
Best,
Jatin Jain
cell: 781-367-7836
On Mon,Jul 28,2014 at 3:40 PM, Sawyer, Susan<ss4,Mer ,townofnorthandover.com>wrote:
Please find the attached document as we discussed on the phone today.
As we had an incorrect address;please note the relevant date is the date you received the actual document.
The timeline begins the date you received it from this office.
Please send me any relevant information in regards to repairs.
i
Thank you
Susan
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawyeratownofnorthandover.com
Web www.TownofNorthAndover.com
2
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Le2L)
Sa�er, Susan ��
From: Jatin Jain <jatinjain@gmail.com>
Sent: Monday,July 28,2014 4:16 PM
To: Sawyer, Susan
Subject: Re: Health Dept letter
Hello Susan,
This is to confirm that i received this letter today. I will respond to the attachment in the next few days.
Best,
Jatin Jain
781-367-7836
On Mon,Jul 28, 2014 at 12:40 PM, Sawyer, Susan<ssaMer@townofnorthandover.com>wrote:
Please find the attached document as we discussed on the phone today.
As we had an incorrect address;please note the relevant date is the date you received the actual document.
The timeline begins the date you received it from this office.
Please send me any relevant information in regards to repairs.
Thank you
Susan
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
1
Town of North Andover
CORRECTION O R D E R for HOUSING INSPECTION
Issued under the provisions of
The State Sanitary Code, Chapter II,Minimum Standards of Fitness for Human Habitation 105 CMR 410.00
Date: July 16,2014
To: Owner/Agent of Record: Property Location:
Jatin Jain 601 Alder Way
Diksha Bhatia North Andover,MA 01845
205 Walden Street Apt 3K
Cambridge,MA 02140-3508
An authorized inspection was made of your property at the above address on July 14, 2014.
This inspection revealed violations of the State Sanitary code, Chapter Il, as listed below.
Owner must repair within seven days or contact a contractor for work and submit proof of contract within seven
days. Proof of contract to be completed within 30 days. A re-inspection will be scheduled for seven days after
receipt of the order letter for corrective action. Failure to act will result in further action.
105 CMR 410.000
Bedrooms
✓
Regulation# Description if conditions may Time limit for
endanger or impair
health,safety or compliance
well-being
.500 - First floor bedroom ceiling sheetrock cut Owner must repair within
out. Open ceiling. Insulation removed.— 7 days or contact a
Owner must maintain all structural contractor for work.
elements in good condition and easy to Completion is to be
clean within 30 days.
.500 - First floor rug cut out and rug pad— Owner must repair within
Owner must maintain all floors in easily 7 days or contact a
cleanable and habitable condition contractor for work.
Completion is to be
within 30 days.
.500 - Second floor master bedroom ceiling Owner must repair within
sheetrock cut out. Approx 15x15 7 days or contact a
Insulation removed. —Owner must contractor for work.
maintain all structural elements in good Completion is to be
condition within 30 days.
.400 - Second floor rug and pad cut out— Owner must repair within
unfinished wood exposed.Nails and 7 days or contact a
tacks in floor. Room not habitable. contractor for work.
Owner must maintain all floors in easily Completion is to be
cleanable and habitable condition. within 30 days.
Living Room
Regulation# Description ✓if conditions may Time limit for
endanger or impair
health,safety or compliance
well-being
Ceiling in Living room has seam and water Owner must repair within
marks indicating possible water damage. Owner 7 days or contact a
must maintain structure free from water contractor for work.
infiltration and repair possible old issues. Completion is to be
Professional must evaluate and repair as needed within 30 days.
410.481 No Posting of name of owner. Per code; Owner must place posting
An owner of a dwelling which is rented for within 7 days.
residential use,who does not reside therein and
who does not employ a manager or agent for
such dwelling who resides therein, shall post
and maintain or cause to be posted and
maintained on such dwelling adjacent to the
mailboxes for such dwelling or elsewhere in the
interior of such dwelling in a location visible to
the residents a notice constructed or durable
material,not less than 20 square inches in size,
bearing his name, address and telephone
number. Where the owner employs a manager
or agent who does not reside in such dwelling,
such manager or agent's name, address and
telephone number shall also be included in the
notice. (See M.G.L. c. 143, § 3S.)
Boiler Room 3r Floor
Regulation # Description ✓if conditions may Time limit for
endanger or impair
health,safety or compliance
well-being
410.351 - Boiler has been replaced; old boiler still Owner must submit proof
present on the third floor. Owner must within 7 days as
comply with state law. Please provide requested.
information and proof on the proper
replacement of the boiler, including
name of contractor and proof of town
permit.
NOTE: Tenant states that the boiler on the third floor let go and water damaged the lower levels 26 days ago.
All water damaged: carpets, sheetrock, insulation etc. were removed 24 days ago. Tenant states there has been
no action since that time.
You are hereby ORDERED to correct these violations within the noted time limit. Failure to comply within the
allotted time period, or subsequent violations,may result in a criminal complaint against you. You have a right
to request a hearing before the Board of Health/Health Director. This request must be made by you, in writing,
and filed within seven days after the day this order was served. If you request a hearing, 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. The petitioner has the right to represented at the hearing. Condition exist
which ma permit the occupant of the dwelling to exercise one or more statutory remedies.
us n Sawyer+tet's
List Attachmedoc.
State delivery method to Owner: certified mail and regular mail delivery
and Occupant : regular mail delivery
Cc: tenant
` I
I
105 CMR: DEPARTMENT OF PUBLIC HEALTH
410.990: continued
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE rN
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.)
I
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 yourhealth,safety
or well-being and your landlord has received written notice of the violations,you maybe 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 l I 1 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 maybe 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)
(ADDRESS)
1/26/07
105 CMR-1644
tit
E Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
N Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery I
M Attach this card to the back of the mailpiece,
or on the front If space permits.
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
Ski�
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I
3. Serv' Type
I Certified Mail Q Express Mail
-'-E3`Registered 0 Return Receipt for Merchandise I
❑Insured Mail O C.O.D.
f CQtr�h�l � 4. Restricted Delivery?(Extra Fee) ❑Yes
z- Article Number 7064 2510 0001 6609 5❑02'
(Transfer from service label) j
I PS Form'3811, February 2004 Domestic,Return Receipt 102595-02-M-1540
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