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

March 30, 2015

Property Address: 149 Farmington Road
Amherst, MA, 01002
Inspection Date: March 26, 2015
Re-inspection Date: April 17, 2015
Property Owner/Manager: Michael Bowen
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,

Jon Thompson

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: 3/26/2015
Time: 9:00 AM
# Occupants 4
# Children < 6 Years - NA
Address: 149 Farmington Road
Unit #
City/Town: Amherst
Occupant Name: Thierry Pierre Charles Phone # 954-663-2251
Email: terrypc1992@gmail.com
Owner Name: Michael Bowen
Phone# 413-695-2471 Email: michaeldbowen@gmail.com
Owner Address: 22 Oakview Terrace #1 City/Town: Jamaica Plain, MA
Zip Code: 02130
# Dwelling/ Rooming Units in Dwelling: 1
# Stories:
1
Floor Level of Unit: 1
# Sleeping Rooms: 4
# Habitable Rooms: 6
Inspector:
Jon Thompson & Ed Smith
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
(Basement)

Locks
Posting, ID, Exit signs/emergency lights
Roof / Gutter
Rubbishstorage and collection
Maintenance of Area
Upholstered Furniture

410.480
410.481
410.500

410.602
MGL Chap. 111 Sec.
122

X
X
X
X
X

X
X
X
X
X

Light, windows
Egress
Handrails
Door
Floors, walls ceilings
Hallways, railings, stairs
Light, windows
Location: Rear
Ventilation
Ceiling height
Windows, screen
Wall
Location (circle): Front
Ventilation
Ceiling height
Windows, screen
Wall
Toilet
Smooth, impervious surfaces
Ceiling Fan

Floor Level of Unit - 1

501, 551
410.500

X
X

X
X

Floor Level of Unit - 1

501, 551
410.500
410.351 (A)

410.351

Occup
ant

X
X
X

X
X
X

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

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
Maintenance
Watertight
Lighting
Dryer
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

410.500

501, 551

410.351

Electric

Type (circle): Forced Hot Water Forced Hot Air

No portable units
Habitable room and every room with toilet,
shower, tub

Other

of

Temp.:

Steam Electric

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

Venting, metering
Heating Thermostats
Type (circle): 110 220 Amp:
Amperage, temporary wiring, metering
Type (circle): Public Private
Sanitary drainage required and maintained

410.351 (A)

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

*410.750 (N)

410.402, 450,
*410.750 (G)
IRC SEC. R314.3.1

Free of pests (rodents, skunks, cockroaches,

insects)
Structural maintenance and elimination of
harborage

Asbestos or
Lead Paint
Curtailment
Access
Other

Basement Bedroom

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: April 17, 2015
Time: 10:00 AM
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 re-inspection
conducted after the first.

Written description of any violation(s) checked above

Area/Element, Code Citation and Description of Violation

Acceptable Remedies

410.480 Deadbolt inoperable

Re-key or replace

410.481 / Article IV section 6c - Posting

Rental Permit must be posted

410.500 Roof / Gutter front roof

Repair or replace gutter

410.602 (A&B) Trash exterior & interior

Cleanup trash from home & yard

MGL Chapt. 111 Sec. 122 Upholstered furniture

Upholstered chair in yard

410.501 / 410.551 Storms & screens missing from many windows

Repair or replace

410.500 Bedroom walls wet & moldy (both bedrooms on first floor)
410.351 (A) Basement bathroom toilet wont stop running

Eliminate the source of moisture,

dry out the interior. Replace
damaged drywall & trim
Plumber to service appliance

410.351 - ceiling fan not moving air

Replace, hard-piped to exterior

410.500 Basement bath ceiling sagging worn-out tiles

Remove & replace

410.351 Dryer must be smooth hard pipe

Install proper exhaust pipe as per

building code
Repair or replace (licensed
electrician)

410.351 (A) Heating Thermostats not working properly

*410.750 (N) Smoke & CO Detectors either not present or not working

24 hrs. to repair or replace

410.402, 410.450, IRC Sec. R314.3.1 Basement Bedroom

Install code compliant emergency

egress. Upgrade smoke detection
system to a code compliant hardwired system.

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