Town of

AMHERST

Massachusetts

AMHERST HEALTH DEPARTMENT, 70 BOLTWOOD WALK, AMHERST, MA 01002

(413) 259-3077 (413) 259-2404 - FAX
Environmental Health Division (413) 259-3078
www.amherstma.gov

health@amherstma.gov

Town of

AMHERST

Massachusetts

AMHERST HEALTH DEPARTMENT, 70 BOLTWOOD WALK, AMHERST, MA 01002

(413) 259-3077 (413) 259-2404 - FAX
Environmental Health Division (413) 259-3078
www.amherstma.gov

health@amherstma.gov

Property Address:

816 North Pleasant Street

Amherst, MA, 01002
Inspection Date:
February 20, 2015
Re-inspection Date:
March 2, 2015
Property Owner/Manager: Marisol Reyes
By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and 127B of the
Massachusetts General Laws, the Amherst Health Department has conducted an inspection of the above mentioned
dwelling, and found it to be in violation of the Minimum Standard of Fitness for Human Habitation. A list of the
violations is enclosed.
You are hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5) days (of the
date on this letter), and to make a good faith effort to substantially correct within thirty (30) days, as of the date of this
letter, all violations recorded on the report.
You are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of receipt of
this notice. These are violations or conditions, which endanger the health, or safety and well-being of the occupant as
determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the occupant to exercise one
or more statutory remedies available to them as outlined in the enclosed inspection form. A reinspection will be
conducted, as indicated, to determine compliance.
You are entitled to a hearing, provided a written petition is received within seven (7) days. You are also entitled to
be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, orders and notices. Any
adverse parties also have the right to appear at the hearing.
Every occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of correcting
these violations. (CMR.810)
Failure to comply with this order may result in a fine of not less than ten, nor more than five hundred dollars; each
day constituting a separate violation. It is your responsibility to provide proper workmanship and to obtain the
appropriate private permits where necessary.
Your immediate attention will be appreciated. If you have any questions, please contact this office at 413-259-3077.
Sincerely,

___________________________

Inspection Form
Amherst Health Department, 70 Boltwood Walk, Amherst, MA 01002 413-259-3077
SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation
Date: 2/20/2015
Time: AM
# Occupants 5
# Children < 6 Years NA
Address: 816 North Pleasant Street
Unit #
City/Town: Amherst
Occupant Name: Katie Ott
Phone # 508-479-5028
Email: Kott@UMASS.edu
Owner Name: Marisol Reyes
Phone# 413-658-7216
Email:mreyes@peabodyproperties.com
Owner Address: 65 Corey Colonial
City/Town: Agawam
Zip Code: 01001
# Dwelling/ Rooming Units in Dwelling: Single Family Home # Stories: 2 Floor Level of Unit: 1
# Sleeping Rooms: 4
# Habitable Rooms: 6
Inspector:
Jon Thompson
If violations are observed and checked, describe them fully on Page 3.
Area or
Element

Type of Violation
Use blank boxes for ones not listed

Possible Code
Section(s)

X if
Violation
Observed

Responsible
Party
Own
er

Exterior,
Yard &
Porch

Common
Areas &
Entry
Interior
Halls &
Stairs
Bedroom 1

Bedroom 2

Bathroom

Locks
Posting, ID, Exit signs/emergency lights
Handrails, steps, doors windows, roof
Rubbishstorage and collection
Maintenance of Area

480

Light, windows
Egress
Handrails
Door
Floors, walls ceilings
Hallways, railings, stairs
Light, windows

253, 254, 501

Location (circle): Front

Floor Level of Unit
Ventilation
Ceiling - Hole
Windows, screen
Wall
Location (circle): Front
Floor Level of Unit
Ventilation
Ceiling height
Windows, screen

481, 483, 484

500, 501, 503
600, 601
602

450, 451, 452

503
501
500
503
253, 254, 501

Rear

Middle

Left

Middle Right

280
410.500

501, 551
500

Rear

Toilet, sink, shower, tub, door

Smooth, impervious surfaces

Middle

Left
280
401, 402
501, 551
150
150

Middle Right

Occup
ant

Area or
Element

Type of Violation
Use blank boxes for ones not listed

Possible Code
Section(s)

X if
Violation
Observed

Responsible
Party
Own
er

Kitchen
Kitchen,
cont.

Living room
and Dining
Room

Basement

Water

Hot Water

Heating

Lights, outlets, ventilations

Floors/walls
Ceiling
Sink, stove, oven; good repair, impervious
and smooth, space refrig
Lights, outlets, ventilation, windows,
screens
Ceiling height
Floor
Floors/Walls
Lights, outlets, ventilation
Ceiling height
Windows/screens
Ceiling condition
Sink
Carbon Monoxide Detector
Watertight
Lighting
Heat
Source (circle): Public Private
Must be potable
Quantity, pressure
Responsible for paying MGL ch 186 s 22,
metering
Fuel Type (circle): Natural Gas
Oil
Location taken: Kitchen
Quantity, pressure, 110 F min, 130 max
Venting

251, 280
504
100
251, 280, 501, 551
401, 402
504
500
250, 280
401, 402
501, 551

*410.482

*410.200

500
253

180
180
354

Electric

Other

190
202

Type (circle): Forced Hot Water Forced Hot Air Steam Electric
*410.200
No portable units
X
201
Habitable room and every room with toilet,
shower, tub
68 F 7 am to 11 pm, 64 F 11:01 pm to 6:59 am,
except 6/15-9/15
78 F max in heating season/measure 5 feet
wall, 5 feet floor

Electrical

Drainage,
Plumbing

of

Temp.:

Venting, metering

202, 354, 355

Type (circle): 110 220 Amp:

Amperage, temporary wiring, metering

250, 255, 256, 354

Type (circle): Public Private

Sanitary drainage required and maintained

300, 351

Occup
ant

Area or
Element

Type of Violation
Use blank boxes for ones not listed

Possible Code
Section(s)

X if
Violation
Observed

Responsible
Party
Own
er

Smoke &
CO
Detectors
Pests

Required & operational

Emergency lights
Free of pests (rodents, skunks, cockroaches,
insects)
Structural maintenance and elimination of
harborage

*410.482

550
550

Asbestos or
Lead Paint
Curtailment

353, 502

Access

810

Other

620

Occup
ant

Referral:
Electric X Fire
Plumbing
Building
Other
This inspection report is signed and certified under the pains and penalties of perjury.
Inspector Signature:
Occupant or Occupants Representative Signature:
Reinspection Date:
Time:
Note: Effective March 31, 2006 every residential structure that presently or in the future contains Fossil fuel
Burning Equipment or has enclosed parking shall be equipped, by the owner, landlord or superintendent, with
working and Listed Carbon Monoxide Alarm Protection.
Note: *indicates that this housing inspection has revealed conditions which may endanger or materially impair
the health, safety, and well-being of any person(s) occupying the premises
Please Note the Town Of Amherst charges a fee of $75 (Seventy Five Dollars) for each reinspection
conducted after the first.

Written description of any violation(s) checked above

Area/Element, Code Citation and Description of Violation

Acceptable Remedies

410.500 Hole in the ceiling Pine bedroom rear

Patch hole

*410.482 Basement no CO detector present

Install CO detector

*410.200 Basement no heat

Install heat

*410.200 Basement portable heaters not allowed

See above

*410.482 Smoke detectors are not communicating with each other

Install new detectors all

manufactured by the same company

The smoke detectors should be installed by a licensed electrician

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 about the violations before you
were behind in your rent.
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay 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:
Western Mass Legal Services Tel: 413-781-7814
One Monarch Place, Suite 400 | Springfield, MA 01144

From the desk of Jon Thompson

Date:

March 3, 2015

Subject:

816 North Pleasant Street Violations Timeline

September 2013

October 7, 2013
Cease & Desist
o No heat, no emergency egress

Two Basement bedrooms

October 28, 2013

Re-Inspection

Owner explains that no one lives in basement

January 2014

Freezing event flooded basement

March 12, 2014

DEMO Permit

Gut basement

April 9, 2014

Permit 23055

build-out basement one bedroom

July 9, 2014

Final Inspection Basement renovation

February 17, 2015

malfunctioning smoke alarms trigger an AFD response

February 20, 2015

Joint inspection w/ AFD

Order to Correct / over-population
Discovered that an additional bedroom had been created w/o permits

March 3, 2015
Re-inspection
Still no heat, no escape from illegal
room, no CO detection in the sleeping areas of the basement

March 17, 2015

Contractor meeting

Agrees to remove wall & install heat

March 31, 2015

Violation Citation 6271

4 days - $400.00

April 16, 2015

Violation Citation 6272

16 days - $1600.00

May 4, 2015

Violation Citation 6274

18 days - $1800.00

May 31, 2015

May 5 May 31 27 days

$2700.00 not cited

May 31, 2015

End of Violation

House Empty

Complaint received about bedrooms in the basement