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24A BETTY'S POND ROAD - Health
24A Betty's Po d�oad, Hyannis A=290 - 093 - 20A----Ic i I f - I� a COMMONWEALTH OF MASSACHUSETTS TRIAL COURT BARNSTABLE, SS: SUPERIOR COURT DEPARTMENT BARNSTABLE I DIW#QNCOPY ATTEST CIVIL ACTION NO. 97-336 DEPUTY SHERIFF Lynn Alberico, *. Plaintiff * SUBPOENA DUCES TECUM vs. * Dennis and Denise Morgan, Defendant * * * * * * * * * * * * * * * * * * * TO: Christina Kuchinski Barnstable Board of Health Town Hall Hyannis; Massachusetts 02601 GREETINGS, YOU ARE HEREBY COMMANDED, in the name of the Commonwealth of Massachusetts; to attend and give testimony, at/before the Barnstable Superior.Court, Route 6A, Barnstable, Massachusetts, on the 7th day of August 1997, at 9:00 a.m. and from day today thereafter until the examination is completed. You are further required to bring with you all documents relating to the premises at 24A Betty's Pond Road, Hyannis, .Massachusetts from September of 1995 to the present. HEREOF FAIL NOT, as failure by any person without adequate excuse to obey a subpoena served upon him be deemed a contempt of the court in which the action is pending. DATED AT Barnstable, this 25th day of July, 1997. Pursuant to M.G.L. c. 261, § 27A and M.G.L. c. 262, § 29, Defendant is proceeding under an Affidavit of Indigency. Pursuant to M.G.L.'c. 262, § 29, expenses incurred by witnesses summoned by Defendant "shall be paid by the Commonwealth after such witness has certified with the Court the amount of travel and attendance." NOTA UBLI My commission expires: Q �" FORM30 HOBBSA WARREN,INC. THE COMMONWEALTH OF MASSACHUSETTS s a CBOAR/D/�O.F. HEALTH ba t iT. Cin YrrOWN':i 6 3 rP5} Az- 1` I VrS�on1<, y DEPA ENT 011 (6.26 s S TELEPHONE QAk , Address Reid Occupan Floor Apartment , ` �- No,of Occupants ' No Of Habitable Rooms No.Sleeping Rooms No.dwvelling or room P 9 rooming units.r No.Stories Name and,address of.owner 1°- Ni I►9 �+u 1f3((,2aac�.3.T-.f�+�i�/. ;,f; ,Romarke Rep. vlo. YARD r Out Bld s.: Fences: Garba a and Rubbish x Containers s r Drainage- Infestation Rats or other: a. STRUCTURE EXT.,: Steps,Stairs,Porches: r . ress:and Obst'n.: ❑ B ❑ F O M_ Doors, inflows: dQ 2 -141 Gutters,Drains:, P s—` Walls: Foundation a �k p -Chimney."E BASEMENT on: . , ' Dampness: s It, A%1 MQS p - 'S Lighting: o ,c IA I.1hA STRUCTURE INT. Hall Stairway:a n Obst'n.: — - JA Hall Floor Wall Ceiling: Q ,I `Hall Windows: -61r b?cl-c wa a} ZLCK7 r-; c r HEATING Chimneys: z M, Central EW ❑ N E ui . Repair WkLA, TYPE: Stacks Flues dAn PLUMBING:-- ,.,' Su I Line ; • -zt T( ❑ MS . ❑ST.s!❑•P -Waste Line: H.W.Tanks Safety and Vents ELECTRICAL Panels Meters,Cir.: : ` ❑ 110 ❑220 Fusing,Grnd.: AMP: ` Gen.Cond. Distrib. Box: _77Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils., Wind. Doors floor s Locks Kitchen Bathroom e A' f Pantry ^zx Den r n ,,,e 6, 1,; 1►✓ , row Livin Room /�¢ �/49 1 Bedroom 1 lLe Bedroom 2 Bedroom 3 Bedroom 4 Not Water Facilo Sup.Ten. Gas,Oil,Elect.: WD ho 61 _ Stacks Flues Vents Safeties: s., Kitchen Facilities Sink k ' ' to Im" RA4 Stove c 1470M At Bathing,Toilet Facll. Vent.,Plumb.,Sanit'n.: Wash Basin,Shower or Tub: Infestation Rats,Mice Roaches or Other: Egress Dual and Obst'n: General r S X Building Posted Locks on Doors: ""oor coa l'a l r i 5 a ONE OR MORE OF THE VIOLATIONS CHECKED BOVE fS A CONDITION WHICH Stye- MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE rmetOW OCCUPANTY AS DETERMINED„' BY .105CMR,410.750 OF._THE CODE OR THE Sa,p ��ca�ur AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED-UNDER THE PAINS AND PENALTIES OF PERJURY. INSPECTOR- TITLE DATE r TIME / Z� A.M. THE NEXT SCHEDULED REINSPECTION P.M. THE TOWN OF BARNSTABLE T�` �np ♦� OFFICE OF i i DA"STAffi : BOARD OF HEALTH 0o,s�i639 �� 367 MAIN STREET 'camixk' HYANNIS, MASS.02601 October 7, 1997 Jennifer Esmel Attorney At Law 477 Main Street Box 323 Yarmouthport,MA 02675 Dear Ms. Esmel: On September 16, 1997, the Board of Health heard your testimony regarding the property located at 24A Betty's Pond Road,Hyannis. You stated that the gas for the premises was turned-off for non-payment on September 10, 1996; the tenants finally paid the balance due in full on January 10, 1997. The tenants apparently told Colonial Gas on December 2, 1996 that they did not want the gas turned on because they were moving. You testified that hot water is now provided. You also testified that a screen door was installed on August 30, 1997. In addition, the rotted baseboard was replaced on August 30, 1997. After hearing testimony from you at the meeting,the Board of Health made the following findings: (1) All the State Sanitary Code violations observed on August 8, 1997 were corrected, according to your testimony. (2) The tenants do have some responsibility in preventing mold and mildew growth by opening window shades and operating either the central air conditioner or dehumidifier. Sincerely yours, P�►Y'M Actin hairman Board of Health Town of Barnstable RAM/bcs cc: Mr. and Mrs. Morgan Susan Nagle,Esquire Ruth Weil,Esquire esmd SFPOM Jennifer Esmel Attorney at Law PHONE HO. 508 362 8819 Sep. 03 1997 09:51AN P1 JLNNIFER S. ESMEL Attorney At Law . 477 Main Street Post Office Box 323 Yarmoutla Port,Massachusetts 02675 Tel. or I'M (508) 362-8819 FAX COVER SHEET TO: FROM: � DATE: `3 PAGES: (INCLUDING COVM SHEP-T) COMMENTS:.'PI -eu 1 1►fa ' 1U .—j2AN_-....fin �"�C 1. t N'' L 4vviq44 art . �D;xN T14S TACSTIYIILv1ESS �'XSf: 'Ii�1V QED; THENURTYC�N UON'�AINo. I. NI r✓aNkIII N 'IAL.II�IPQII4ATION IIdTbNDN Pt�Jt°TI USA.tF<'I'I�IE/#T�DRESSI !' LlBTFsA tiRT.IN }1N15 N(�l (1Tis EI SEx �F YOU ,ARC N01 ' F 1NI`CNDE1) RFGII>II�NI EN.... t'LE, Ozc ANENT tE6pONSIDLE 'O DI~LIV k THIS M Of TU'l HE ED;IiLCMIEN r,:'PlyEJ451 �' 1Tlit '1':SENDE � L�Y iTL?Nti FROM : Jennifer ESmel Attorney at Law PHONE NO. : 508 362 8819 Sep. 03 1997 09:52AM P2 0 .DATE 2 $EP 97 13 :16:46 REPORT GENERATION DLM 09/10/96 BILL: 5203004766 24AIIE'!'TYS POND RD HYAN STCD-OFF 'SDTE- NAME: DSNNIS W MORGAN TEL:5087909763 SIC= BJ,.• 0..754 DD-0.0298 CC=K BATE-R4 MAIL: 24A BETTYS POND RD HYANNIS MA 02601 LAST GASM UPDATE DATE 05/12/97 MC CCFa 0 2ND TP�02863065 M%6C, BC=7 DW- READ- 44 EX4 TY= NMm 0 PA�X145.00 MBm INFO? O/T-T 3RD P- SEQm100300 BUDG: DATE- AMOUNT= 0.00 OWED: 0.00 DRP: METRs NOm 231390 S7=250 TEST,07/27/01 SETF07/29/94 TYP= ORD Iw READsLBT ACT RD= WK TEL:508778692.9. 44 DATE=97U506 SRC=MR TAX- DTEe OWNR: JANET M DAVI 407-793-5847 SRMI:ACROSS FROM MELODY TENT; UNIT A SRM2:JS;RESET MTR960403RH//RELIGHT 4/3/96 TAG;REL�GHT960405LAM / SCOD, O/S RE/CEN/LANDLORD ORDSs 06MAY97 701644 COMP. 0162 CIiANGE-DIALS ORDSs MC STAT PRV: 12G5 OUT: 1265 MC CCF: 0 6IsTs 44 OLD NO ORDS; JOSEP96 667138 COMP 0126 TURN OFF-S.O.N.P. ORDS.: 09SEP96 666623 CANC 012.6 TURN OFF-B.O.N.P. ORDS: 01NOV95 624198 COMP 0100 TURN ON-NEW CUSTOMER ORDS: 160CT95 622337 COMP 03.21 TURN OFF-OFF LINE BAIL CURRENT 30 DAY 60 DAY 90 DAY SUHTTL TOTAL GAS s 0.00 0.00 0.00 0.00 0.0 0.00 0 . LB DAPE- 9/11/96 FACTOR=0.02.98 BI: FACTOR= 0.754 TE 'F GAS AMT RENTAL SPEC ARREARS M347.93 PAYMENT12A AMOUNT 09 1 7 1 32 24.92 0.00 0.00 307.62 .0�/�n �5 -100.00 08/27 1 23 23 1.9.69 0.00 0.00 28'7.93 03 1 -232.5 / 07/26 1 24 23 19.69 0.00 0.00 32.0.24 08 12 15 -60.00 06/25 0 24 139 71.92 0.00 0.00 316.32 389 .24 07/17 15 -60.00 05/24 1 22 22 19.01 0.00 0.00 297.31 316.32 05/24 15 -60.00 04/24 0 23 227 161.07 0.00 0.00 276.24 437.31 05/06 15 -20.00 03/26 1 22 53 48.66 0.00 0.00 227.58 276.24 .04/30 15 -60.00 02/23 0 20 325 224.38 0.00 0.00 43.20 267.58 03/26 15 -40.00 01/24 1 22 63 55.12 0.00 0.00 38.13 93 .25 02/23 15 -50.05 12/29 5 23. 55 49.95 0.00 0.00 38.13 88.08 01/24 15 -49.95 12/26 C 21 55 63 .23 0.00 0.00 38.13 101.36 12/29 41 -63.23 11/27 1 21 30 38.13 0.00 0.00 0.00 38.13 / 1.1/07 9 01 0.00 0.00' . . . . . END REPORT . . . . . i . .FROM Jennifer Esmel Attorney at Law PHONE N0. : 508 362 8619 Sep. 03 199" 09:53AM P3 .=E 02 SEP 97 13:07:35 REPORT GENERATION DLM REAne5203004766 24A BSTTYS POND RD HYAN SD-OFF SDT-09110196 NAMEt.DENNIS W M01ZGAN TEL:5087909763 SIC- BL- 0..754 DDm0.0298 MAILS 24A BETTYS POND RD HYANNIS MA 02601 CC-K. RAT9-R4 2ND LAST GASM UPDATE DATEm 05/12/97 MC. CCFs 0 MISC:BCd7 DWm READ- 44EX- 'TYQ NM- OFAmX 145.00 MBc TPo0.2863065 INPO:O/TaT 3RD P- SEQ=100300 BURG=DATE,- AMOUNT- 0.00 OWED: 0.00 DRP: METRiNO■ 231390 SZ-250 TESTm27JUL01 SET-29JUL94 TYP- ORDm In RHAD:LST ACT RD- 44 . DATE•910506 SRCcMR TAX• DATE= 0 OWNRsJANST M DAVI 407-793-5847 SRMI:ACROSS FROM MELODY TENT; UNIT A 8RM2:JS;RESET MTR960403RH//RELIGHT 4/3/96 TAG;RELIGHT960405LAM 9COD: 0/8 RE/CEN/LANDLORD SCOD: ORDS: 06MAY97 701644 COMP 0162 CHANGE-DIALS ORDBsMC STAT PRV: 1265 OUT: 1265 MC CCF: 0 SET: 44 OLD.NOs 4RDS:108EP96 667138 COMP 0126 TURN OFF-S.O.N.P. { - RDS: 09SEP96 666623 CANC 0126 TURN OFF-S.U.N.P. ORDS: 01NOV95 624198 COMP 0100 TURN ON-NEW CUSTOMER ORDB: 160CT95 622337 COMA 0121 TURN OFF-OFF LINE BAL :. CURRENT 30 DAY 60 DAY 90 PAY SUBTTL TOTAL GAS :s 0.00 0.00 0.00 0.00 0.00 0.00 READ BILL BILL RATE B R DEG D DAY B LOAD AMOUNT DATE DATES DAYS C S READ CCF DAYS FACTOR FACTOR BILLED ARREARS 09/10 09/11 18 R4 7 1265 32 21 0.0298 0.754 24.92 287.93 08/23 08/27 30 R4 1 1233 23 23 0.0298 0.754 19.69 287.93 07/24 07/26 30 R4 1 1210 23 16 0.0298 0.754 19.69 328.24 06/24 06/25 33 R4 0 M 1107 139 140 0.0298 0.754 71.92 316.32 05/22 05/24 29 R4 1 1048 22 393 0.0290 0.754 19.01 297.31 04/23 04/24 32 R4 0 M 1026 227 811 0.0298 0.754 161.07 276.24 03/22 03/26 31 R4 1 799 53 1010 0.0298 0.754 48.66 227.58 02/20 02/23 29 R4 0 T 746 325 1205 0.029E 0.754 224.38 43.20 01/22 01/24 32 R4 1 421 63 1321 0.029E 0.754 SS.12 38.13 12/21 12/29 30 R4 5 3S8 55 1100 0.0298 0.754 49.95 38.13 12/21 12/26 30 R3 C 358 S5 1100 0.0298 0.754 63.23 30.13 11/21 11/27 20 R3 1 303 30 494 6.0298 0.754 38.13 0.00 11/01 11/67 9 273 0.00 t*k######t#tt#t*# PREVIOUS CUSTOMER READ INFO BELOW THIS LINE 10/16 10/24 24 R3 8 273 16 199 0.0298 0.754 18.67 0.00 09/22 09/26 28 R3 1 257 21 91 0.0298 0.754 22.43 0.00 08/25 08/29 32 R3 0 236 28 13 0.0588 0.635 27.69 0.00 07/24 07/26 33 R3 1 208 21 27 0.0588 0.635 22.43 0.00 06/21 06/27 28 R3 0 187 36 115 0.0588 0.635 32.35 0.00 05/24 05/26 34 R3 1 151 22 543 0.0588 0.635 23.19 0.00 Y END REPORT . . ' FROM Jennifer Esmel Attorney at Law PHONE NO. 508 362 8819 Sep. 03 1997 09:53AM P4 t1log 02 SEP 97 13:11:39 REPORT GENERATION DLMSTCDmOFF RATEaR4 FA=X145.00 BILL: . 5203004766 24A SETTYS POND RD f;YAN ORD NAMSt DENNIS W MORGAN 2ND: MAIL: 24A BETTY$ POND RD HYANNIS MA 02601 TENANT 3RD Pe BAL CURRENT 3ODAY 60DAY 90DAY. SUBTOTAL TOTAL GAS : 0.00 0.00 . 0.00 0.00 0.00 0.00 READ:LST ACT RD- 44 DATE0910506 SRCaMR TAXm EX DATE- DATE B RD CCF GAS AMT RENTAL SPEC ARREARS TOTDUE PAYMENTS AMOUNT 09./11 7 10 32 24.92 0.00 0.00 307.62 332.54 0.1/10 15 -�100.00 08/27 1' 23 23 19.69 0.00 0.00 287.93 307.62 12/03 15 -232.54 07/26 1 24 23 10.69 0.00 0.00 328.24 347.93 08/12 15 -60.00 06/25 0 24 139 71.92 0.00 0.00 316.32 308.24 07/17 15 -60.00 A*4AR*k�'t**'kiRt*t#if*tA#**t*#*#tt#i#4#*it#t#4#4itt4t*t#ttittt*4iMt'Rtit*t*fiit*** FAP CURREr1T BUDAMT,- WORK TELEPHONE: 508-778-6929 0.00 STATUS- 0.00 SECOND CREDIT CODES CUSTOMER TELEPHONE: 508-790-9763 EMERGENCY PHONE: - EMERGENCY CONTACT: SPECIAL: REMARKS: P/P_ 0 TYPFm REVW=000000 DATR REVW OPR 970103 000000 CLF TEL 790-9763 NIS FOR INCOMING CALLS. . .LTR695 961213 000000 CLF LTR705 �961202 000000 JAM C/F DIANE MORGAN (MRS) . .SD PD $232.54 A037670412. .MR8 $D S }� HE WILL BE MOVING & DIDNTWWANTV�ABD SHEE WILL" PAYPBALOHEFOR 120915 u�+ WILL NEED TO BE PD FOR NE E MOVING. . r9661202 000000 CLF C/F MRS. .GOING TO PURITY WIPAY $232.54 & C/B RFCT NSR. . ASKED IF THAT ENOUGH TO T/ON. . .TOLD HER OK W/AGRMT ON BAL 113649 . .WONT BE HAVING T/ON HERE LOOKING FOR NEW PLACE TO LIVE 961126 000000 JAM 11/25. .FRANK TO SERV ADDR. .NO ONE HOME. .LMTC OFFICE. . 961121 000000 TAG TO FRANK FOR FIELD CALL AT SERVICE ADDRESS 961113 000000 CLF C/F DxANE WIFE OF DENNIS. . .W/PAY $200/MO TDY 0 PSTN BUT DOESNT WANT GAS ON AS PROB W/FURNACE & LLORD WONT FIX. . . 112924 CKD SCOR OK 961011 000000 VRG FRANK ®PROPERTY 10/11/96. .S/W MRS. .SD MR OUT OF WORK-NO PH ONE-CANNOT PAY ANY $$. .AS APPLIED FOR PAP & W/C/B EOM TO 164813 ADVISED WHETHER THEY CAN PAY. .FRANK SD TO ASK FOR MR GRANT 960930 000000 TAG TEL 790/9763 NIS-TO FRANK FOR FIELD CALL 960909 000000 MCH SONP DGD9 .CANC D SCON�TBLE INFO AND HNO L28TING87..93 960905 000000 SMM TELE 790- 763 960905 .000000 SMM SCHED SONP 9/9 FOR 287.93 END REPORT FROM Jennifer Esmel Attorney at Law PHONE NO. 508 362 8819 Sep. 03 1997 09:55AM P1 DWELLING LEAS (This Lease has been approved by Barnstabfe Nousing Aultrorlty) This lease meats the requirements of the Section 8 Housing Assistance Payments Prograin,.Section 8 Lease Addendum, and Massachusetts state Law. (A) The Parties to this Agreement are lsI2- referred to as LANDLORD and AAJ _ referred to as TENANT for the following dwelling Massachusetts. unit: , This is a lease between the tenant and the owner. The tenant is a Farticloant In the Section 8 program. The tenant Is rho family memberwho Ipas t contract unit from the.owner. The'owner has faased the contract,unit to the tenant for,occu an by tho family with assistance under the Section 8 program. (8) o%sincl -Assi p :. . The Landlord will enter Into a Housing Assistance Payments Contract("Contract's-with the Barnstable Housing Authority'("SHA's underthe Sectlon 8 Existing Housing Program of the U. S.Department of Housing and Urban Development. Thu purpose of the HAP contract is to assist the tenant to lease a dwelling unit from the owner for occuplsncy by the family yrith.tenant•based assistance under the ceril irate program. (C)..uAa'�an..._...w 20dw °R,.�n�Y 4L.�- ,:J r_/���iiix- a The,tenarif must use the contract unit for.residence by the tena11 nt's family.„Ttie unft mustcbe the tenant's - ,u�. ,: ',r .I':,',C'd1 f,>q,i:]:!'i:.!::"' .. •.. . tract unit must be approved by the B HA.'The occupants The composition of the family residing in the con of the Y ntaI unit are: The tenant must not sublease or let the unit. The,lenent must not assign the lease or transfer the unit. (p) l e --ininne nf In case of any conflict between this Lease and any provisions of the Barnstable Housing Authority Leaso ousing Authority Lease Addendum shall prevail. Addendum, the provisions of the Barnstable H (E) Terrmr of Lg ► The term of the Lease shall begin on — and shall continue until: (1) a termination of the Lease by the Landlord.In accordance with thls section , (2) a termination of the Lease by the Tenant In accordance with the Lease (3) a termination of the Contract by the BHA or ', (a) by mutual agreement (Mutual termination must be approved by the BHA) FROM Jennifer Esmel Attorney at Law PHONE NO. 508 362 8819 Sep. 03 1997 09:56AM P2 (F) Rent. rent 't (i) The amount of the total monthly P erm�ned in tile with tie C ntract between the Landlord (called the"Contract rent) shall bewith and the BHA. The amount°bo tile irtcreased at tite ren wal of therLease and n accords ce wit ned by the BHA in accordance HUD requirements and may only \ buldelines as published in The Federni Register Each year. (2). The portion of the Contract rent payable by the Tenant (tenant re. T shall behe amount of the tenant amount determined by?he PHA in accordance with HUD regulations and requirements. T in the rent{s subject to change as determined III a wAden notice by the PHA during the 1erm of PHA tothe theLease. Any and the Landlord,estati g the amount r;:he tenrint rent will be s riew amount and}lie effective date of the change. (3). The tenant rent as determined by the BHA is the maximum amount tee Landlord can require the Tenant to pay as rant for the dwelling unit, including all services, maintenance and utilities to be provided by the Landlord in arcordr�nce wlttt.this Lrasre. he owner may not demand or accept any rent payment froth the r;ea nt rtt in excess The tenant°ren the t may not be refit. more than titeimmediately ontract rentm nus ti excess e BHA payment payment to the to to the owner. ' (4). Each month, the BHA will pay a housir:y assistance payment to the Landlord oil behalf of rite Tennant Family in accordance with 01D Contract. The rr�ont;,ly housing assistance payment is the i;ifforence between the Contract rent and the tenant rent. (ra) Security Uepos t. with the Landlord as a Security deposit. The (1). The Tonant has deposited n�4VNn I::�ndlord will comply with HUD regulations regarding security deposits front a tenant, and shelf not collect n Security deposit which Is more than lire maximum amount p tl'nuttedlod ties Tenant Famllyr the .occupios the deposit l 9 I (2). T66 Landlord will hold the security { ardin interest { ) dwelling unit under the Lease. The Landlord altall comply with Slate and local laws ray g . payments on security deposits. (3).After the Tenant Family has moved from the dwelling unit, the Landlord may(subject to State and local lawf' use titre security ifeposit. Including any interest on the deposit,.as reimbursement for unpaid tenant rent or other amounts which the'l anent awes under the Lease. The Landlord will glue the awritten list of all items charged against tite security deposit and the amount of 0..ch item. After Tenant deducting the amount used as reimbursement to the Landlord, The Landlord shall proImptty refund the full amount of ilte balance to the tenant. (H) Utilities/Apptlances/ T —111i Indicated below what party shall provide and pay for the f°Ilowiny(write"N!A"If NOT APPLICABLE): Lights: r- �N t<itcltert stove fuel (specify type): Hal Water (spit(:fry typ<t): _.6- 7..A �- Heat (specify type) S Garbage Collection/Trash Removal: /�- Refrigerator: Air Conditioner: _%U ------ Lawn Care: /W Snow Removal: Other: Other: r the rental unit. Landlord must supply and pay for water. LandlordlQwner agrees to provide a stove fo i ' .FROM Jennifer ESmel Attorney at Law PHONE NO. : 508 362 6819 Sep. 03 1997 09:56AI1 P3 (i) Lgndlord Agrees. (1). To maintain the dwelling unit, equipment and appliances, and oommon'areas and facilities,to •provide decent, safe and sanitary housing in accordance with the housing quality standards (24 CF R''d. Section 882,109) For the Section 8 Existing Housing Program, Including the provision of all the services, maintenance and utllltles set forth in the Lease, and to comply with Chapter it of the Massachusetts State Sanitary Code. ' The owner Is not responsible for a breach of the HOS that is caused by any of the following: (1) The family fails to pay for any utilitles that the owner is required10 pay for under the lease, but which are to be paid by the tenant; (Il) The family falls to provide and maintain any appliances that the owner Is not required to provide under the lease, but which are to be provided by the tenant; or -(iii) Any member of the household.or guest damages the contract unit or the premises (damagos beyond ordinary wear and tear). (2), To.complete repairs by dates speclfled in notice by the BHA. (3) Not to discriminate against the Tenant Family In the provlalon of services or In any manner,"on the grounds of age,race, color, religion. sox, handicap or national origin. (4) Not to enterthe dwelling unit except to inspect the premiags, make repairs, or show the unit to prospective tenant or purchaser. The Landlord will contact the Tenant before such entry so as not to unreasonably disturb the Tenant, who will not be unreasonable in denying entry. Only in case of an emergency may entry be made without prior consent. If such emergency entry is made, the Tenant shall be notified. (J).'. Tenaal -Agrees. (1), To pay the Tenant Rent on the first day of each month unless otherwlse agreed by.Leindlord. !-1• a- -._.L....L.U. .',. I f i' I I lilli n 111 it it rlllii 1 i'r t I n.i rlpt1 i111111 1 r....:..:........f I IUD Quallt+;daa nsrfenMaeao etnndnrdo and r'hnptor II of thn*$.AttgO;St;!itn,IP'initnnr r`hrlo. (3) To make no substantial altemttah,'addition or improvement`in or to'the dwelling unit without prior written .consent from the landlord.'Such ocrisent shall not be unreasonabl -jiv�thheld:�tiut may be.conditioned upon Tenant"s agreeing to'restore the dwelling�unit to Its`prio con. on be(ore'moying ' out. Any consenfes mentloned withlrYthis'paragraph must b'e In'wrlting and a,00p supp(lec3 to.the f�HA. (4):' Not to allow on the premises any exce§elve"noise of otFief icthiity w�tich disturbs the Peace and.quiet of other residents or tenants in the building. (5). 'To use the dwelling unit solely for residence by the Tenant, and as th6 principle place of residence; 'and shall not assign the Lease or tri nsfer the unit. (6). Not to permit the leased premises to occupied by anyone except those Individuals _ specifically named as household members on the Housing Assistance Program applicatlori. Guests may . be accommodated for reasonable short periods of time provided said occupancy Is authorized by the Landlord, and in accordance with the regulations of the u.s.Department of Housing grid Urban Dpvelopment, the provisions of the Housing Assistance Payments Contract and the policies of the BHA. (7). To vacate the premises at the expiration of th.e lease, remove all personal belongings, return the keys to the landlord and leave the premises as clean and in as good condition as•he found them (normal r and tear expected). ,- (8). To allow the BHA and/or Landlord to inspect the dwelling unit at reasonable times and after (9) To be responsible for and pay all damages beyond normal wear and tear: (10). Not to engage.in drug-related criminal activity or violent criminal activity,-'Including criminal activity by any Family member. i (K) Termination of Tenancy. 1. Termination of Tenancy by Ownor 9, Grounds. The Landlord shall not terminate the tenancy except for: " The ootice of grounds may be Included In, or may ba combined with, any owner eviction notice to tenant. Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used under State or local law to commence an eviction action. ' The owner must give the HA a copy of any owner eviction notice to the tenant at the crime tlme'that the owner gives notice to the tenant. The owner must give notice of termination In accordance with HUD requirements.. I ' Any termination notice required by HUD they be combined with or run concurrently with any notice required under State or local law. 2. Termination of Tenancy by Tenant The Tenant may terminate the Lease without cause at any time after the first year of the term of,the Lease on not less than thltty (30) and.no more than sixty (60) days written notice by Tenant to Landlord (with a copy to the BHA). (The provlslons of the subsection (L) are not Intended to Ilmit any right of the Tenant to terminate the lease where so provided elsewhere In the Lease). The tenant mast notify the BHA and the owner before he/she moves,out of the unit. (L) Lease RenawaUChanae A new Lease maybe proposed by the landlord for after the initial term. Said new lease must lie approved by BHA in accordance with HUD regulations. The Landlord must give the Tenant written notice of the offer, with a copy to the BHA, at least sixty days before the proposed commencement day of the.new Lease term. The.offer may specify a reasonable time limit.for acceptance by the Tenant Family, If no new Lease is proposed and no termination notice has been given, thls tease will be renewed for a period of one year on a year-to-year basis unless landlord`and tenant propose a.new leas e.te (M) P rohlb 19a0= Provis(ons .. '...:... . ' Notwithstanding anything to the conlrary.contalned In the Leaso,---.any provislon. of the Lease which falls within the classifications below shall be Inapplicable. 't.-Confession of Judgment. Prior consent by Tenant to be sued,'to admit guilt, or to a Judgment in favor of the Landlord in a lawsuit brought ih connection with the Lease. ' 2. Seize or Hold Property for Rent or Other Charges. Authorization to the Landlord to take property of the Tenant, or hold property of the Tenant, as a pledge or security until the Tenant meets any obligation which the Landlord has determined the Tenant has failed to perform. 3. Exculpatory Clause, Agreement by the Tenant not to hold the Landlord or Landlord agents legally responsible for any action or failure to act, whether Intentional or negligent. 4. Waiver of Legal Notice. Agreement by the Tenant that the Landlord may Institute a lawsuit without notice to the Tenant. 5. Waiver of Legal Proceedings. Agreement by the Tenant that the Landlord may evict•the Tenant or hold or sell possessions of the Tenant Family 1 if the Landlord determines that the Tenant has violated the Lonso, without notice to the Tenant or any court decision on the rights of the parties. 6. Waiver of Jury Trial. Authorization to the-Landlord to waive the Tenant's right to a trial by Jury 7. Waiver of Fight to Appeal Court Decision. Authorization to the Landlord to waive the Tenant's right to appeal a decision on the ground of Judicial error or to waive the Tenant,s right to sue to prevent a judgment from being put into effect. a. Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of Lawsuit. Agreement by the Tenant to pay lawyer's fees or other legal costs whenever.the Landlord de.cl,0p0•1o_spe, ,yyhpthgr..or not the Tenant wins. �1) Aostrgctloli of Premises If the premises are rendered uninhabitable by fire, flood_ or other natural d1saster-durIng the term of this agreement, this agreement is thereu on'Tr3i'1�lnate �.. FROM Jennifer Esmel Attorney at Law PHONE NO. 508 362 8819 Sep. 03 1997 09:58AN P4 ® :1 (0) Addl(lon n al Provisios/Chanqos Any additional provisions should be attached, initialed and dated by both parties, and bo pait of this Lease. No changes, additions, or revisions to this Lease shall be made except by written agreement between Landlord and Tenant and approval in writing by the BHA. This Lease and eny attachment represents the entire agreement between Landlord acid Tenant. Tenant maynot have a pet on the premises unless noted below: (0) -Termination of asslstance The HA may terminate prr)gram assistance for the family for any grounds authorized In accordance with HUD requiroments, If the HA terminates program assistance for the family, the HAP contract terminates automatically. (R) Ot e : /ALL f�.9�et1 S 17-e4EE T�1✓�r' iN J1f�r EY���tl T". . 7Nr aAwelt. S'Houi A �2e-- V/g.el". M 12 ddIle 7- Tte.r eoe.oPe-,yy • THR! T hf MAJ&-jUT" •sNA<-,- yA c.f-TG' M tr p.Pe�r�is✓-.cam This Lease has been signed by the parties on the condition that the BHA has executed a Housing Assistance Payments Contract with the Landlord. This Lease shall not become effective unless the BHA has executed a Housing Assistance Payments Contract with the Landlord.effective the first day of the term of the Lease. WHEREOF, we the undersigned agree to thls Lease, by signing three copies(one to be kept by the Landlord, one by the Tenant and one by the Barnstable Housing Authority). .L y�v,�/ ftzls�z-gee nrls V,. Print ame of Landlord Prim a of Tenant S g ature of Landlord t, Signature of Tenant 4/4 Oa Date / l Address Address Telephone ,/7f/ Telephone FROM Jennifer Esmel Attorney at Law PHONE NO. 508 362 8819 Sep. 03 1997 09:58AH P5 (p) Agdlclon,,,MIU Pro,( along/ e4 Any additional provisions should be attached. Initialed and dated by both parties, and be part of this Lease. No changes, additions, or revisions to this Lease shall be made except by written agreement between Landlord and Tenant and approval in writing by the BHA. This Lease and any attachment represents the entire agreement between Landlord and Tenant. (P) m Tenant may not have a pet on the promises unless noted below: (0) Terminatlon Of assistance The HA may terminate pr,�gram assistance for the family for any grounds authorized In accordance with HUD requirements. If the HA terminates program assistance for the family, the HAP contract terminates automatically. (R) . 01, er: ,47- IN r acMV T/qC1' „�rrd T�-eT ��2o�cxa y 7at;-M 9-xj7— 4AVg J-• -4CdM off 6r - - ' - /rJ.,rho I�tJ 30 /OA>/S. This Lease has been signed by the parties on the condition that the BHA has executed a Housing Assistance Payments Contract with the Landlord, This Lease shall not become effective unless the BHA has executed a Housing Assistance Payments Contract with the Landlord effective the first day of the term of the Lease. WHEREOF, we the undersigned agree to this Lease, by signing three copies(one to be kept by the Landlord, one by the Tenant and one by the Barnstable Housing Authority). Print ame of Landlord Prin a of Tenant 21- S g ature of Landlord Signature of Tenant gaiLi DaW Date Address � Address i Telephone Telepbone j } j Il THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) I M -A F DATA FROM Jennifer Esmel Attorney at Law PHONE NO. 508 362 8819 Sep. 02 1997 05:02PH P1 JENNIFER S. ESMEL Attorney At Law 477 Main Street Post Office Box 323 Yarmouth Port,Massaohusetts 02675 Tel. or Fax: (508)362-8819 FAX COVER SHEET FROM: � RE. DATE: ` PAGES: (INCLUDING COVER SHEET) COMMENTS' AX44-e! "f- -rurkia �C, wa-s 4ivt,c� ME AN �1 IaOR TIIL USF XT�'I A�I7ISSEE Ll , v rc�ity t+rvu n�tr unity GLbJ 1N YOit ARI: Nf�I' NHL IN3'BNDFDII' TVT pR 'r[t 17M 'LOYEE, OR ACI3N3 It[SSI't�Nsll31.E TO DLIR'I'II1 IVISA+GL TO 7 HE ` Nd$1�;RIvCIPIF.I�1T:Y1:h;ASl3s1N'1'ACT SENDER ]MN1LI1A`C T ARANC F®icT i�Izl: l `a131 JENNIFER S. ESMEL Attorney At Law 477 Main Street Post Office Box 323 Yarmouth Port, Massachusetts 02675 Tel. or Fax: (508) 362-8819 September 2, 1997 By Facsimile and Mail Thomas A. McKean Director of Public Health Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Lynn Alberico, 24A Betty Pond Road, Hyannis, MA Dear Mr. McKean, As you know I represent Ms. Lynn Alberico. She received your letter dated August 14, 1997 on August 27, 1997. 1 attempted to contact you on August 27, 28, and 29 and left you several messages, however, it is my understanding that you were out on leave. I also left a message for Christine Kuchinski but have had no success in reaching her. I am requesting a hearing regarding this matter. Please be advised that upon receipt of your letter on August 27, 1997, that my client sent a contractor to the premises at approximately 10:30 a.m. who delivered a dehumidifier. Mrs. Morgan answered the door and was not cooperative. She refused to permit the worker to set up the dehumidifier in the master bedroom. Ms. Alberico went to the premises later that afternoon and observed that the tenants were not operating the dehumidifier. Regarding your demand to correct violation 105 CMR 410.190, I learned from Colonial Gas Company, that the gas at the premises was shut off for non payment on September 10, 1996. The tenants did not pay the balance due in full until January 10, 1997. The tenants told Colonial Gas on December 2, 1996 that they did not want the gas turned on because they were moving. The hot water in this unit is supplied by a gas fired water tank which is not connected and has no relation to the furnace whatsoever. Pursuant to the lease and 105 CMR 410- 190, the tenants are responsible to maintain the fuel for the operation of the hot water tank. It is the responsibly of the tenants to contact Colonial Gas to restore the gas service to the hot water tank. Regarding your demand to correct violation 105 CMR 410.351 and 410. 280 the alleged inoperable heating system, please be advised that a plumbing and heating contractor visited the premises on August 27, 1997. In order to determine if there is in fact a problem with the furnace, the gas service must be restored by the tenants. Therefor, as soon as I am informed that the gas service is restored, the plumber will return to the premises. J Regarding violations 105 CMR 410.500, please be advised that pursuant to the lease and 105 CMR 410.352, the tenants are responsible to maintain the premises in compliance with the state sanitary code and "exercise reasonable care in the proper use and operation thereof." The tenants refuse to clean any mold and mildew as it grows. The entire unit was painted last fall and passed a housing inspection in April this year. As you observed the tenants have placed tarps over the windows in the master bedroom omitting light. The room is closed off. They are storing moldy belongings in that room under the above described conditions which has created a breeding ground for mold and mildew. Further, the tenants have been on notice for over a year that it is necessary to operate a dehumidifier and have refused to operate the same. Regarding violation 105 CMR 410.500 relating to no sheet rock and water stain. I was informed by the plumbing and heating company that inspected the premises on August 27, 1997 that the building code does not require sheetrock over heating pipes. Further said pipes are contained in a closet. Regarding the water stain in the ceiling, said stain was the result of a toilet overflow from the upstairs unit which occurred in February 1996, a one time incident. There is nothing to repair. Regarding violation 105 CMR 500 relating to rotted baseboard in the bathroom behind the toilet, my client replaced the baseboard in the fall of 1996. She will replace it again. However, please be advised that the tenants are operating the shower without a plastic liner resulting in an unnecessary amount of water on the floor and adjacent wall. The plumber informed me that the toilet tank sweats in the summer and may also contribute to rotting baseboards. The tenant should be wiping the toilet tank and excess water after showering. Regarding violation 105 CMR 410.552 relating to the screen door, said violation is the result of tenant damage. My client ordered the appropriate parts to repair it. The Superior Court determined on August 15 that the tenants have been in possession of the premises without right since November 1, 1996. I anticipate that the tenants will be evicted from the premises within a few weeks. As you know, it is our position that the tenants are purposefully creating problems at the unit to obtain a windfall in damages. Please call me immediately at the above telephone number to discuss the alleged violations further. Sincerely, rya IJe-, er'S. Esmel, Esq. JSE/et cc: Lynn Alberico Barnstable Housing Authority AM13OHLT.DW - 2 I FROM Jennifer Esmel Attorney at Law PHONE NO. 508 362 8819 Sep. 02 1997 05:02PM P1 JENNWER S. ESMEL Attorney At Law 477 Main Street Post Office Box 323 Yarmouth Pori,Massachusetts 02675 Tel. or Fax: (508)362-8819 FAX COVER SHEET TO: o✓ C AO-t FROM: hnf RE: t� 0 DATE: PAGES: (INCLUDING COVER SHEET) COMMENTS: .: . :Ti, ' a.1 tRTiON.. J .� _ >IDS SEE:: A1�b' 1JL: �:1 1 ORMAT O: f ':1'hND D FOR T�C.�7.ST�:;:��'.: D. �.C: f F 1`,I EItEIN A1�tD< (i�`ON1✓ LS1�. ,;:IP Y�C1r R N('1<`?i I IS�T'1 VDFI) LIl'1h.T '� >IiLdE ox GzN �:�xstsu3L 'o i T N� y•p' F41tf �M J JENNIFER S. ESMEL Attorney At Law 477 Main Street Post Office Box 323 Yarmouth Port, Massachusetts 02675 Tel. or Fax: (508) 362-8819 September 2, 1997 By Facsimile and Mail Thomas A. McKean Director of Public Health Town of Barnstable 367 Main. Street Hyannis, MA 02601 Re: Lynn Alberico, 24A Betty Pond Road, Hyannis, MA Dear Mr. McKean, As you know I represent Ms. Lynn Alberico. She received your letter dated August 14, 1997 on August 27, 1997. I attempted to contact you on August 27, 28, and 29 and left you several messages, however, it is my understanding that you were out on leave. I also left a message for Christine Kuchinski but have had no success in reaching her. I am requesting a hearing regarding this matter. Please be advised that upon receipt of your letter on August 27, 1997, that my client sent a contractor to the premises at approximately 10:30 a.m. who delivered a dehumidifier. Mrs. Morgan answered the door and was not cooperative. She refused to permit the worker to set up the dehumidifier in the master bedroom. Ms. Alberico went to the premises later that afternoon and observed that the tenants were not operating the dehumidifier. I Regarding your demand to correct violation 105 CMR 410.190, 1 learned from Colonial Gas Company, that the gas at the premises was shut off for non payment on September 10, 1996. The tenants did not pay the balance due in full until January 10, 1997. The tenants told Colonial Gas on December 2, 1996 that they did not want the gas turned on because they were moving. The hot water in this unit is supplied by a gas fired water tank which is not connected and has no relation to the furnace whatsoever. Pursuant to the lease and 105 CMR 410- 190, the tenants are responsible to maintain the fuel for the operation of the hot water tank. It is the responsibly of the tenants to contact Colonial Gas to restore the gas service to the hot water tank. Regarding your demand to correct violation 105 CMR 410.351 and 410. 280 the alleged inoperable heating system, please be advised that a plumbing and heating contractor visited the premises on August 27, 1997. In order to determine if there is in fact a problem with the furnace, the gas service must be restored by the tenants. Therefor, as soon as I am informed that the gas service is restored,the plumber will return to the premises. Regarding violations 105 CMR 410.500, please be advised that pursuant to the lease and 105 CMR 410.352, the tenants are responsible to maintain the premises in compliance with the state sanitary code and "exercise reasonable care in the proper use and operation thereof." The tenants refuse to cleah any mold and mildew as it grows. The entire unit was painted last fall and passed a housing inspection in April this year. As you observed the tenants have placed tarps over the windows in the master bedroom omitting light. The room is closed off. They are storing moldy belongings in that room under the above described conditions which has created a breeding ground for mold and mildew. Further, the tenants have been on notice for over a year that it is necessary to operate a dehumidifier and have refused to operate the same. Regarding violation 105 CMR 410.500 relating to no sheet rock and water stain. I was informed by the plumbing and heating company that inspected the premises on August 27, 1997 that,the building code does not require sheetrock over heating pipes. Further said pipes are contained in a closet. Regarding the water stain in the ceiling, said stain was the result of a toilet overflow from the upstairs unit which occurred in February 1996, a one time incident. There is nothing to repair. Regarding violation 105 CMR 500 relating to rotted baseboard in the bathroom behind the toilet, my client replaced the baseboard in the fall of 1996. She will replace it again. However, please be advised that the tenants are operating the shower without a plastic liner resulting in an unnecessary amount of water on the floor-and adjacent wall. The plumber informed me that the toilet tank sweats in the summer and may also contribute to rotting baseboards. The tenant should be wiping the toilet tank and excess water after showering. Regarding violation 105 CMR 410.552 relating to the screen door, said violation is the result of tenant damage. My client ordered the appropriate parts to repair it. I The Superior Court determined on August 15 that the tenants have been in possession of the premises without right since November 1, 1996. I anticipate that the tenants will be evicted from the premises within a few weeks. As you know, it is our position that the tenants are purposefully creating problems at the unit to obtain a windfall in damages. Please call me immediately at the above telephone number to discuss the alleged violations further. Sincerely, lier S. Esmel, Esq. JSE/et cc: Lynn Alberico Barnstable Housing Authority A.LBBOB.T.DOC - 2 �o Cf � ry. .D1,TE 02 SEP 97 13 :07 :35 REPORT GENERATION DLM READ•:5203004766 24A BETTYS POND RD HYAN SD=OFF SDT=09/10/96 _NAME:DENNIS W MORGAN TEL:5087909763 SIC= BL= 0.754 DD=0 . 0298 MAIL; 24AyBETTYS POND_ RD HYANNIS MA 02601f CC=K RATE=R4 2ND LAST GASM UPDATE DATE= 05/12/97 MC .CCF= 0 MISC:BC=7 DW= READ= 44EX= TY= NM= OFA=X 145.00 MB= TP=02863065 INFO:O/T=T 3RD P= SEQ=100300 BUDG:DATE= AMOUNT= 0 .00 OWED: 0.00 DRP: METR:NO= 231390 SZ=250 TEST=27JUL01 SET=29JUL94 TYP= ORD= I= READ:LST ACT RD= 44 DATE=970506 SRC=MR TAX= DATE= 0 OWNR:JANET M DAVI 407-793-5847 SRMI:ACROSS FROM MELODY TENT; UNIT A SRM2:JS;RESET MTR960403RH/,/RELIGHT 4/3/96 TAG;RELIGHT960405LAM SCOD: O/S RE/CEN/LANDLORD SCOD: ORDS: 06MAY97 701644 COMP 0162 CHANGE-DIALS ORDS:MC STAT _PRV: y . 1265 OUT: 1265 MC CCF: 0 SET: 44 OLD NO: LORDS:10SEP96 667138 COMP 0126 TURN OFF-S.O.N.P. ORDS: 09SEP96 666623 CANC 0126 TURN OFF-S.O.N.P. ORDS: 01NOV95 624198 COMP 0100 TURN ON-NEW CUSTOMER ORDS: 160CT95 622337 COMP 0121 TURN OFF-OFF LINE BAL CURRENT 30 DAY 60 DAY 90 DAY SUBTTL TOTAL GAS 0. 00 0. 00 0 . 00 0 . 00 0 . 00 0 . 00 READ BILL BILL RATE B R DEG D DAY B LOAD AMOUNT DATE DATE DAYS C S READ CCF DAYS FACTOR FACTOR BILLED ARREARS 09/10 09/11 18 R4 7 1265 32 21 0 . 0298 0 .754 24 .92 287.93 08/23 08/27 30 R4 1 1233 23 23 0. 0298 0 .754 19.69 287.93 07/24 07/26 30 R4 1 1210 23 16 0. 0298 0.754 19.69 328.24 06/24 06/25 33 R4 0 M 1187 139 140 0 . 0298 0.754 71.92 316 .32 05/22 05/24 29 R4 1 1048 22 393 0 .0298 0.754 19.01 297.31 04/23 04/24 32 R4 0 M 1026 227 811 0. 0298 0.754 161.07 276.24 03/22 03/26 31 R4 1 799 53 1010 0. 0298 0.754 48.66 227.58 02/20 02/23 29 R4 0 T 746 325 1205 0 .0298 0.754 224.38 43 .20 01/22 01/24 32 R4 1 421 63 1321 0 .0298 0.754 55. 12 38 . 13 12/21 12/29 30 R4 5 358 55 1100 0. 0298 0.754 49.95 38 . 13 12/21 12/26. 30 R3 C 358 55 1100 0. 0298 0.754 63 .23 38 . 13 11/21 11/27 20 R3 1 303 30 494 0 .0298 0.754 38.13 0.00 11/01 11/07 9 273 0. 00 ***************** PREVIOUS CUSTOMER READ INFO BELOW THIS LINE ****************** 10/16 10/24 24 R3 8 273 16 199 0.0298 0.754 18. 67 0 .00 09/22 09/26 28 R3 1 257 21 91 0 . 0298 0.754 22 .43 0. 00 08/25 08/28 32 R3 0 236 28 13 0. 0588 0.635 27.69 0 . 00 07/24 07/26 33 R3 1 208 21 27 0.0588 0 .635 22.43 0 . 00 06/21 06/27 28 R3 0 187 36 115 0.0588 0.635 32 .35 0. 00 . 05/24 05/26 34 R3 1 151 22 543 0.0588 0.635 23 .19 0 .00 . . . . . END REPORT . . . . . .DATE 02 SEP 97 13 :16 :46 REPORT GENERATION DLM BILL: 5203004766 24ABETTYS POND RD HYAN STCD=OFF SDTE=09/10/96 NAME: DENNIS W MORGAN TEL:5087909763 SIC= BL= 0 .754 DD=0 . 0298 MAIL: 24A BETTYS POND RD HYANNIS MA 02601 CC=K RATE=R4 2ND LAST GASM UPDATE DATE = 0.5/12/97 MC CCF= 0 MISC: BC=7 DW= READ= 44 EX= TY= NM= 0 FA=X145. 00 MB= TP=02863065 INFO: O/T=T 3RD P= SEQ=100300 BUDG: DATE= AMOUNT= 0 .00 OWED: 0 . 00 DRP: METR: NO= 231390 SZ=250 TEST=07/27/01 SET=07/29/94 TYP= ORD= I= READ:LST ACT RD= 44 DATE=970506 SRC=MR TAX= DTE= WK TEL:5087786929, OWNR: JANET M DAVI 407-793-5847 SRMI:ACROSS FROM MELODY TENT; UNIT A SRM2 :JS;RESET MTR960403RH//RELIGHT 4/3/96 TAG;RELIGHT960405LAM SCOD: O/S RE/CEN/LANDLORD SCOD: ORDS: 06MAY97 701644 COMP 0162 CHANGE-DIALS ORDS: MC STAT PRV: 1265 OUT: 1265 MC CCF: 0 SET: 44 OLD NO: ORDS: 10SEP96 667138 COMP 0126 TURN OFF-S.O.N.P ORDS: 09SEP96 666623 CANC 0126 TURN OFF-S.O.N.P. ORDS: OINOV95 624198 COMP 0100 TURN ON-NEW CUSTOMER ORDS: 160CT95 622337 COMP 0121 TURN OFF-OFF LINE BAL CURRENT 30 DAY 60 DAY 90 DAY SUBTTL TOTAL GAS 0 . 00 0 . 00 0 . 00 0. 00 0. 00 0 .00 *********** ***************************************************************** LB DATE= 9/11/_9_6 FACTOR=0 . 0298 BL FACTOR= 0 . 754 DATE _ CF GAS AMT RENTAL SPEC ARREARS T O UE PAYMENTS AMOUNT 1 � 09 11 7 r10 32 24 . 92 0 . 00 0 .00 307.62 32 .54 0), � n 1 5 -100 . 00 46 08/27 1 23 23 19 .69 0 . 00 0 . 00 287. 93 .62,cr2763 15 -232 54 07/26 1 24 23 19. 69 0 . 00 0 . 00 328.24 347. 93 08/12 15 -60 . 00 06/25 0 24 139 71. 92 0 . 00 0 . 00 316.32 388 .24 07/17 15 -60 . 00 05/24 1 22 22 19 . 01 0 . 00 0. 00 297.31 316 .32 05/24 15 -60 . 00 04/24 0 23 227 161. 07 0 . 00 0 . 00 276 .24 437 .31 05/06 15 -20 .00 03/26 1 22 53 48 . 66 0 . 00 0. 00 227 .58 276 .24 .04/30 15 -60. 00 02/23 0 20 325 224 .38 0. 00 0 . 00 43 .20 267.58 03/26 15 -40.00 01/24 1 22 63 55 .12 0 . 00 0 .00 38 .13 93 .25 02/23 15 -50.05 12/29 5 21 55 49 . 95 0 . 00 0 .00 38 . 13 88 . 08 01/24 15 -49.95 12/26 C 21 55 63 .23 0 . 00 0 . 00 38 . 13 101.36 12/29 41 -63 .23 11/27 1 21 30 38 . 13 0 . 00 0 .00 0 . 00 38 . 13 / 11/07 9 01 0 . 00 0.00 / . . . . . END REPORT . . . . . r T .DATE 2 SEP 97 13 :11:39 REPORT GENERATION DLM BILL: 5203004766 24A BETTYS POND RD HYAN• STCD=OFF RATE=R4 FA=X145.00 .NAME:' DENNIS -W MORGAN _ 2ND: ORD = MAIL: 'r2-4A--BETTYS POND•=RD-HYANNIS_MA_ 02601 TENANT 3RD P= BAL : CURRENT 30DAY 60DAY 90DAY SUBTOTAL TOTAL GAS : 0.00 0 .00 0.00 0.00 0 .00 0 .00 READ:LST ACT RD= 44 DATE=970506 SRC=MR TAX= EX DATE= DATE B RD CCF GAS AMT RENTAL SPEC ARREARS TOTDUE PAYMENTS AMOUNT /, 09/11 7 10 32 .24. 92 0 .00 0. 00 307.62 r.332 .54 01/10 15 -100. 00 C . 08/27 1! 23 23 19 .69 0. 00 0 .00 287. 93 307.62 12/03 15 -232.54 07/26 1 24 23 19.69 0.00 0.00 328.24 347.93 08/12 15 -60. 00. 06/25 0 24 139 71.92 0 .00 0. 00 316 .32 388.24 07/17 15 -60.00 FAP CURRENT BUDAMT= 0 .00 STATUS= 0 .00 SECOND CREDIT CODE: CUSTOMER. TELEPHONE: 508-790-9763 WORK TELEPHONE: 508-778-6929 EMERGENCY CONTACT: EMERGENCY PHONE: - - SPECIAL: REMARKS: r P/P= 0 TYPE= REVW=000000 DATE REVW OPR 970103 000000 CLF TEL 790-9763 NIS FOR INCOMING CALLS. . .LTR695 961213 000000 CLF LTR705 961202 000000 JAM C/F DIANE MORGAN (MRS) . .SD PD $232 .54 A037670412 . .MRS SD S HE WILL BE MOVING & DIDNT WANT GAS TURNED_ON. .EXP $160 .001* c 120915r'WILL NEED TO BE PD FOR NEW SERV. .SD SHE WILL PAY BAL-BEFOR E _MOVING. . �O961202 000000' CLF jC/F MRS. .GOING TO PURITY W/PAY $232 .54 & C/B RECT NBR. . . ASKED IF THATS ENOUGH TO T/ON. . .TOLD HER OK W/AGRMT ON BAL_ 113649 It -WONT BE HAVING T/ON HERE LOOKING FOR NEW PLACE TO LIVE 961126 000000 JAM 11/25. .FRANK TO SERV ADDR. .NO ONE HOME. .LMTC OFFICE. . 961121 000000 TAG TO FRANK FOR FIELD CALL AT SERVICE ADDRESS 961113* 000000 CLF�.C-/F'_DIANE WIFE OF-DENNIS. . W/PAY--$200/MO TDY @ PSTN BUT yDOESNT WANT GAS ON AS PROB W/FURNACE & LLORD WONT FIX. . . r 112924 CKD SCOR OK, 961011 000000 VRG FRANK @PROPERTY 10/11/96. .S/W MRS. .SD MR OUT OF WORK-NO PH ONE-CANNOT PAY ANY $$. .AS APPLIED FOR FAP & W/C/B EOM TO 164813 ADVISED WHETHER THEY CAN PAY. .FRANK SD TO ASK FOR MR GRANT 960930 000000 TAG TEL 790/9763 NIS-TO FRANK FOR FIELD CALL 960909 000000 MFH SONP DGD 9-9. .CANC ORD AND RESCHED 9-10 $287.93 960905 000000 SMM TELE 790-9763 DISCON, TELE INFO NO LISTING 960905 000000 SMM SCHED SONP 9/9 FOR 287. 93 . . . . . END REPORT . . . . . cbzW�, Qed-0014"k C-c� f } ` i -- � .. =� d r I1 t �. i I � 1 Me 1� i 0 r------- kr �, d P �. r t �- 7i L ::l `' �Cx' E. �t. 4# 1 r V097 C.w uxy/ T ��2s,e,, g�r tJ 4,_ t �: -�-,._ f �x steer � ,�o"` � I�q7 f � _ _ � _r '._ 71`I¢1{ 1 ' I F�, F 0 1 �. q, i 1 i i ` � ' .^. (� � � �.� y +� � •, 1 1 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) m -A. �C&E DATA . COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS SUPERIOR COURT DOCKET NO. 97-336 LYNN ALBERICO, ) Plaintiff ) SUBPOENA DUCES TECUM DENNIS AND DENISE MORGAN, ) Defendants ) Keeper of the Records Colonial Gas Company Whites Path, So. Yarmouth,MA YOU ARE HEREBY REQUIRED, in the name of the Commonwealth of Massachusetts, in reference to the above captioned matter, to produce to Jennifer S. Esmel,Esq. all documents mi your possession relating to 24A Betty Pond Road,Hyannis, MA with an account standing in the name of Dennis W. Morgan including but not limited to notes, account status, shut offs¬ices, and service calls. Fe Dated at Yarmouth Port this 2nd day of September 1997. . cyll, J der Esmel,Notary Public 50-362-8819 My Commission expires: 11/03/2000 ALSSl6CG.D0C • d .DATE 02 SEP 97 13 :07 :35 REPORT GENERATION DLM READ:5203004766 24A BETTYS POND RD HYAN SD=OFF SDT=09/10/96 NAME:DENNIS W MORGAN TEL:5087909763 SIC= BL= 0 .754 DD=0. 0298 MAIL: 24A BETTYS POND RD HYANNIS MA 02601 CC=K RATE=R4 2ND LAST GASM UPDATE DATE= 05/12/97 MC CCF= 0 MISC:BC=7 DW= READ= 44EX= TY= NM= OFA=X 145.00 MB= TP=02863065 INFO:O/T=T 3RD P= SEQ=100300 ' BUDG:DATE= AMOUNT= 0 . 00 OWED: 0. 00 DRP: METR:NO= 231390 SZ=250 TEST=27JUL01 SET=29JUL94 TYP= ORD= I= READ:LST ACT RD= 44 DATA=970506 SRC=MR TAX= DATE= 0 OWNR:JANET M DAVI 407-793-5847 SRMI:ACROSS FROM MELODY TENT; UNIT A f SRM2 :JS;RESET MTR960403RH//RELIGHT 4/3/96 TAG;RELIGHT960405LAM SCOD: O/S RE/CEN/LANDLORD a SCOD: ORDS: 06MAY97 701644 COMP 0162 CHANGE-DIALS '? ORDS:MC STAT PRV: 1265 OUT: 1265 MC CCF: 0 SET: 44 OLD NO: ORDS:10SEP96 667138 COMP 0126 TURN OFF-S.O.N.P. ORDS: 09SEP96 666623 CANC 0126 TURN OFF-S.O.N.P. all ORDS: 01NOV.95 624198. COMP 0100 TURN -ON-NEW CUSTOMER ORDS: 160CT95 622337_ COMP 01.21 TURN OFF-OFF LINE BAL : CURRENT 30 DAY 60 DAY 90 DAY SUBTTL TOTAL GAS : 0. 00 0. 00 0. 00 0 . 00 0. 00 0. 00 .x READ BILL BILL RATE B R DEG .D DAY B LOAD AMOUNT DATE DATE DAYS C S READ CCF DAYS FACTOR FACTOR BILLED ARREARS 09/10 09/11 18 R4 7 1265 32 21 0 .0298 0.754 24 .92 287.93 08/23 08/27 30 . R4 1 1233 23 23 0 .0298 0 .754 19. 69 287.93 07/24 07/26 30 R4 1 1210 23 16 0 .0298 0.754 19.69 328.24 06/24 06/25 33 R4 0 M 1187 139 140 0 . 0298 0 .754 71. 92 316.32 05/22 05/24 29 R4 1 1048, 22 393 .0.0298 0 .754 19. 01 297.31 -'` 04/23 04/24 32 R4 0 M 1026 227 811 0 .0298 0.754 161. 07 276 .24 03/22 03/26 31 R4 1 799 5.3 1010 0.0298 0.754 48. 66 227.58 f 02/20 02/23 29 R4 0 T . 746 325 1205 0.0298 0.754 224.38 43 .20 01/22 01/24 32 R4 1 421 63 1321 0 . 0298 0.754 55.12 3.8.13 . 12/21 12/29 30 R4 5 358 55 1100 0 .0298 , 0 .754 49. 95 38 .13 12/21 12/26 30 R3 C 358 55 ,1100 0 .0298 0.754 63 .23 38 .13 11/21 11/27 20 R3 1 303 30 494 0 .0298 0 .754 38 .13 0. 00 ' 11/01 11/07 9 273 0. 00 ***************** PREVIOUS CUSTOMER .READ INFO BELOW THIS LINE ' 10/16 10/24 24 R3 8 273 . 16 199 0. 0298 0.•754 18.67 0.00 09/22 09/26 28 R3 1 257 21 91 0. 0298 0.754 22 .43 0.00 'x 08/25 08/28 32 R3 0 236 -28 13 0 .'0588 0 .,635 27. 69 0.00 07/24 07/26 33 R3 1 208 21 27 0. 0588 0 . 635 22 .43 0.00. '' Kr` 06/21 06/27 28 R3 0 187 36 115 0 .0588 0 .635 32 .35 000 `+ 05/24 05/26 34 R3 1 151 22 . 543 0. 0588 0 .635 23 . 19 0 .00 . . . . . END REPORT . . a. fie. ... 4 �. '_ .. 'y!4f �:; ..:`{e���.�...#!�' rf�_ .DATE 02 SEP 97 13 :16 :46 REPORT GENERATION DLM BILL: 5203004766 24ABETTYS POND RD HYAN STCD=OFF SDTE=09/10/96 NAME: DENNIS W MORGAN TEL:5087909763 SIC= BL= 0 .754 DD=0 . 0298 MAIL: , 24A BETTYS POND RD HYANNIS . MA 02601 CC=K RATE=R4 2ND LAST GASM UPDATE DATE = 05/12/97 MC CCF= 0 MISC: BC=7 DW= READ= 44 EX= TY= NM= 0 FA=X145 . 00 MB= TP=02863065 INFO: O/T=T 3RD P= SEQ=100300 BUDG: DATE= AMOUNT= 0 .00 OWED: 0. 00 DRP: METR: NO= 231390 SZ=250 TEST=07/27/01 SET=07/29/94 TYP= ORD= I= READ:LST ACT RD= 44 DATE=970506 SRC=MR TAX= DTE= WK TEL:5087786929 OWNR: JANET M DAVI 407-793-5847 SRMI :ACROSS FROM MELODY TENT; UNIT A SRM2 :JS;RESET MTR960403RH/4RELIGHT 4/3/96 TAG;RELIGHT960405LAM SCOD: O/S RE/CEN/LANDLORD SCOD: ORDS: 06MAY97 701644 COMP 0162 CHANGE-DIALS ORDS: MC STAT PRV: 1265 OUT: 1265-MC CCF: 0 SET: 44 OLD NO: ORDS: 10SEP96 667138 COMP 0126 TURN OFF-S-.O.N.P:. ORDS: 09SEP96 666623 CANC 0126 TURN OFF-S.O.N.P. ORDS: 01NOV95 624198 COMP 0100 TURN ON-NEW CUSTOMER ORDS: 160CT95 622337 COMP 0121 TURN OFF-OFF LINE BAL CURRENT 30 DAY 60 DAY 90 DAY SUBTTL TOTAL GAS 0 . 00 0 . 00 0 . 00 0 . 00 0 . 00 0. 00 LB DATE=09/11/96 DD FACTOR=0.. 0298 BL FACTOR= 0.754 DATE B RD CCF . GAS AMT RENTAL SPEC "ARREARS TOT DUE PAYMENTS AMOUNT . r 09/11 7 10 32 24 . 92 0 .00 0 . 00 307 . 62 332 . 54 01/10 15 -100 . 00 08/27 1 23 23 19 . 69 0 ..00 0 . 00 287 . 93 307 .62 12/03 15 -232 .54 07/26 1 24 23 19 .69 0. 00 0 . 00 328..24 347. 93 08/12 15 -60. 00' 06/25 0 24 139 71. 92 0 . 00 .0 . 00 316 .32 388 .24 07/17 15 -60.00 05/24 1 22 22 19 . 01 .0 :00 . 0. 00 297.31 316 .32 05/24 15 -60.00 04/24 0 23 227 161. 07 0 . 00 0 . 00 276 .24 . 437 .31 05/06 15 -20 . 00 03/26 1 22 53 48 .66 0.00 0 . 00 227 . 58 276 .24 04/30 15 -60.00 02/23 0 20 325 . 224 .38 0 . 00 0 . 00 43 .20 267 .58 03/26 15 -40 .00 01/24 1 22 63 55 . 12 0 . 00 0 . 00 38. 13 93 .25 02/23 15 -50 . 05 12/29 5 21 55 49 . 95 0 . 00 0 . 00 38 . 13 88 .08 01/24 15 -49 .95 12/26 C 21 55 63 .23 0. 00 0 .00 38 . 13 101.36 12/29 41 -63 .23 11/27 1 21 30 38 . 13 0 . 00 0 . 00 0 .00 38 . 13 / 11/07 9 01 0 . 00 0.00 / . . . . . END REPORT •. . . . z .DATE 02 SEP 97 13 :11 :39 REPORT GENERATION DLM BILL: 5203004766 24A BETTYS POND RD HYAN STCD=OFF RATE=R4 FA=X145 .00 NAME: DENIMS W MORGAN 2ND: ORD = MAIL:"' 24A BETTYS POND RD HYANNIS MA 02601 TENANT 3RD P= BAL CURRENT 30DAY 60DAY 90DAY SUBTOTAL TOTAL GAS 0 . 00 0. 00 0. 00 0. 00 0 . 00 0 . 00 READ:LST ACT RD= 44 DATE=970506 SRC=MR TAX= EX DATE= DATE B RD CCF GAS AMT RENTAL SPEC ARREARS TOTDUE PAYMENTS AMOUNT 09/11 7 10 32 .24 . 92 0 . 00 ' 0 . 00 307. 62 332 .54 01/10 15 -100 . 00 08/27 1 23 23 19. 69 0 . 00 0. 00 287. 93 307.62 12/03 15 -232 .54 07/26 1 24 23 19 .69 0 . 00 0 . 00 328 .24 347 . 93 08/12 15 -60.00 06/25 0 24 139 71. 92 0 . 00 0. 00 316 .32 388 .24 07/17 15 -60. 00 FAP CURRENT BUDAMT= 0 . 00 STATUS 0 .00 SECOND CREDIT CODE: CUSTOMER TELEPHONE: -508-790-9763 WORK TELEPHONE: 508-778-6929 EMERGENCY CONTACT: EMERGENCY PHONE: - - SPECIAL: REMARKS: P/P= 0 TYPE= REVW=000000 DATE REVW OPR 970103 000000 CLF TEL 790-9763 -NIS FOR INCOMING CALLS. . .LTR695 961213 000000 CLF LTR705 961202 000000 JAM C/F DIANE MORGAN (MRS) . .SD PD $232 . 54 A037670412 . .MRS SD S HE WILL BE MOVING & DIDNT WANT GAS TURNED ON. .EXP $100 . 00 120915 WILL NEED TO BE PD FOR NEW SERV. .SD SHE WILL PAY BAL BEFOR E MOVING.. 961202 000000 CLF C/F MRS. .GOING' TO PURITY W/PAY $232 .54 & C/B RECT NBR. . . ASKED IF THATS ENOUGH TO T/ON. . .TOLD HER OK W/AGRMT ON BAL 113649 . .WONT BE HAVING T/ON HERE LOOKING FOR NEW PLACE TO LIVE . 961126 000000 JAM 11/25 . .FRANK TO SERV ADDR. .NO ONE HOME. .LMTC OFFICE. . . 961121 000000 TAG TO FRANK FOR FIELD CALL AT SERVICE ADDRESS 961113 000000 CLF C/F DIANE WIFE OF DENNIS. . .W/PAY $200/MO TDY @ PSTN BUT DOESNT WANT GAS ON AS PROB' W/-FURNACE & LLORD WONT FIX. . . 112924 CKD SCOR OK 961011 000000 VRG PRANK @PROPERTY 10/11/96 . .S/W MRS. .SD MR OUT OF WORK-NO PH ONE-CANNOT .PAY•ANY $$ . .AS APPLIED FOR FAP & W/C/B EOM TO 164813 ADVISED WHETHER THEY CAN PAY. .FRANK SD TO ASK FOR MR GRANT 960930 000000 TAG TEL 790/9763 NIS-TO FRANK FOR FIELD CALL 960909 000000 MFH SONP DGD 9-9 . .CANC ORD AND RESCHED 9-10 $287. 93 960905 000000 SMM TELE 790-9763 DISCON, TELE INFO NO LISTING 960905 000000 SMM SCHED SONP 9/9 FOR 287 . 93 . . . . . END REPORT . . . DWELLING LEASE (This Lease has been approved by Barnstable Housing Authority) This lease meets the requirements of the Section 8 Housing Assistance Payments Program,.Section 8 Lease Addendum, and Massachusetts state Law. (A) Parties and Dwelling Unit and Purpose The Parties to this Agreement are Lymy e 1q1-1isP-7e./e,6 referred to as LANDLORD and_//Ei(//S 1f 01C61gAJ referred to as TENANT for the following dweliing unit: ./� Bald& Plum &A. i//Ilu )f.S I Massachusetts. This is a lease between the tenant and the owner.The tenant is a participart in the Section 8 program. The tenant is the family member who leases the contract unit from the.owner. The owner has Lased ttie cont[act'unit to the tenant for occupancy by the family with assistance under the Section 8 program. (B) Housing Assistance Payments Contract. The Landlord will enter into a Housing Assistance Payments Contract("Contract')-with the Barnstable Housing Authority ("BHA') under the Section 8 Existing Housing Program of the U. S. Department of Housing and Urban Development. This purpose of the HAP contract is to assist the tenant to lease a c>;:velling unit from the owner for occupancy by the family.with.tenant-based assistance under the certificate program_ (C) Use and Occupancy of Contract Unit The tenant must use the contract unit for residence by the tenant's family. The_unit must be the tenant's cnly residence. c The composition of the family residing in the contract unit must be approved by the B HA. The occupants of the rental unit are: The tenant must not sublease or let the unit.The,.tenant must not assign the lease or transfer the unit. (D) Conflict with Other Provisions of Lease. In case of any conflict between this Lease and any provisions of the Barnstable Housing Authority Lease Addendum, the provisions of the Barnstable Housing Authority Lease Addendum shall prevail. (E) Term of Lease. The term of the Lease shall begin on /9� and shall continue until:- (1) a termination of the Lease by'the Landlord.in accordance with this section, (2) a termination of the Lease by the Tenant in accordance with the Lease '. (3) a termination of the Contract by the BHA or (4) by mutual agreement (Mutual termination must be approved by the BHA) A° (F) Rent: (1) The amount of the total monthly rent payable to the Landlord during the term of the Lease (called the"Contract rent') shall be determined in accordance with the contract between the Landlord and the BHA. The amount of the contract rent shall be determined by the BHA in accordance with HUD requirements and may only be increased at the renewal of the Lease and in accordance with HUD guidelines as published in the Federal Register each year. (2). The portion of the Contract rent payable by the Tenant ("tenant rent") shall be an amount determined by the PHA in accordance with HUD regulations and requirements. The amount of the tenant rent is subject to change as determined by the PHA during the term of the Lease. Any change in the amount r :he tenant rent will be stated in a written notice by the PHA to the and the Landlord, stating the new amount a6d th'e effective date of the change. (3). The tenant rent as determined by the BHA is the maximum amount the Landlord can require the Tenant to pay as rent for the dwelling unit, including all services, maintenance and utilities to be provided by the Landlord in accordance with.this Lease. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent, and must immediately return any excess rent payment to the tenant. The tenant rent may not be more than the contract rent minus the BHA payment to the owner. (4). Each month, the BHA will pay a housing assistance payment to the Landlord on behalf of the Tenant Family in accordance v.,ith thc.Contract. The n-,entl,ly housing assistance payment is the I ifference between the Contract rent and the tenant rent. . (G) Security Deposit. (1).. The Tenant has deposited $� � with the Landlord as a Security deposit. The Landlord will comply with HUD regulations regarding security deposits from a Tenant, and shall not collect a Security deposit which is more than the maximum amount permitted under the regulations.. - (2).:The Landlord will hold the security deposit during the period the Tenant Family occupies the dwelling unit under the Lease. The Landlord shall.comply with State and local laws regarding interest payments.on security deposits. (3).After the Tenant Family has moved from the dwelling unit, the Landlord may (subject to State and local law). use the security deposit, including any interest on the deposit, as reimbursement for unpaid tenant rent or other amounts which the Tenant owes under the Lease. The Landlord will give the Tenant a written list of all items chai4ed against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, The Landlord shall promptly refund the full amount of the balance to the tenant. . . (H) Utilities/Appliances/Services Indicated below what party shall provide and pay for the following (write"N/A"if NOT APPLICABLE): Lights: i _ Kitchen stove fuel (specify type): Hot Water (specify type): -1,65 Heat (specify type) 617-S Garbage Collection/Trash Removal: l Z2 1Y,60 yd'SG • ,LiIxJD�-a�A. Refrigerator: TOU19711 T Air Conditioner: A4/ Lawn Care: (26rtII,)�) /gsS50 Snow Removal: 6 /-o4lJ. Other. Other: Landlord/Owner agrees to provide a stove for the rental unit. Landlord must supply and pay for water. (1) Landlord Agrees. 16 (1). To maintain the dwelling unit, equipment and appliances;' and common areas and facilities, to -provide decent, safe,and sanitary housing in accordance with the housing quality standards (24 CFR---,_ Section 882.109) For the Section 8 Existing Housing Program, including the provision of all the services, a ^maintenance and utilities set forth in the Lease, and to comply with Chapter II of the Massachusetts State Sanitary Code. The owner is not responsible for a breach of the HQS that is caused by any of the following: (i) The family fails to pay for any utilities that the owner is required to pay for under the lease, but which are to be paid by the tenant; . (ii) The family fails to provide and maintain any appliances that the owner is not required to provide under the lease, but which are to be provided by the tenant; or -(iii) Any member of the household-or guest damages the contract unit or the premises (damages beyond ordinary wear and tear). (2). To,complete repairs by dates specified in notice by the BHA. (3) Not to discriminate against the Tenant Family in the provision of services or in any manner,"bri the grounds of age, race, color, religion. sex, handicap or national origin. (4) Not to enterthe dwelling unit except to inspect the premises, make repairs, or show the unit to prospective tenant or purchaser. The Landlord will contact the Tenant before such entry so as not to unreasonably disturb the.T enant, who will not be unreasonable in denying entry. Only in case of an emergency may entry be made without prior consent. If such emergency entry is made, the Tenant shall be notified. (J). Tenant Agrees. (1). To pay the Tenant Rent on the first day of each month unless otherwise agreed by Landlord.. (2). To maintain the'premises in clean and neat condition and at all times comply yvith the :> provisions of HUD Quality and Performance Standards and Chapter Il of the.Mass State Sanitary Code. (3) To make no substantial alterabo.: ,'addition or improvement`in or to the,gwelhng unit without prior. written .consent from the landlord:"Such consent shall not be unreasonably yvithheld,�but.may be.conditioned.upon Tenant-s agreeing to restore the dwelling unit to its pnor`condition before moving out An consent as mentioned withirtthis ara graph must be in'writing and a copy'supplie to the FHA. Y . _.. _.... p. 9 P c� (4) Not to'allow on the premises any excessive noise or Other BctMV Which dlSturbs the peace:. and quiet of other residents or tenants in the building. ',+ 3 i:' << r (5). 'To use the dwelling unit solely for residence by the Tenant, and.as the principle place of residence; and shall not assign the Lease or transfer the unit. ri . (6). Not to permit the leased premises to be occupied by anyone except those individuals specifically named as household members on the Housing Assistance Program application. Guests may be accommodated for reasonable short periods of time provided said occupancy is authorized by the Landlord, and in accordance with the regulations of the u.s. Department of Housing and Urban Development, the provisions of the Housing Assistance Payments Contract and the policies of the BHA. (7). To vacate the premises at the,expiration of the lease, remove all personal.belongings, return the keys to the landlord and leave the premises as clean'and in as good condition as-he found them (normal r and tear expected). (8). To allow the BHA and/or Landlord to inspect the dwelling unit at reasonable times and after r PA hnijls� r' (9) To be responsible for and pay all damages beyond normal wear and tear:. (10): Not to engage in drug-related criminal activityorviolent criminal activity, including criminal activity by any Family member. (K) Termination of Tenancy. . 1. Termination of Tenancy by Owner a. Grounds. The Landlord shall not terminate the tenancy except for: The notice of grounds may be included in, or may be combined with, any owner eviction notice to tenant. ^Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used under State or local law to commence an eviction action. - The owner must give the HA a copy of any owner eviction notice to the tenant at the came time that the owner gives notice to the tenant. The owner must give notice of termination in accordance with HUD requirements. Any termination notice required by HUD may be combined,with or run concurrently with any notice required under State or local law. 2. Termination of Tenancy by Tenant The TF nant may terminate the Lease without cause at any time after the first year of the term of the Lease on not less than thirty (30) and no more than sixty (60) days written notice by Tenant to Landlord (with a copy to the BHA). (The provisions of the subsection (L) are not intended to limit any right of the Tenant to terminate the lease where so provided elsewhere in the Lease). The tenant m.List notify the BHA and the P ) fY owner before he/she moves.out of the unit. (L) Lease Renewal/Change A new Lease maybe proposed by the landlord for after the initial term. Said new lease must be approved by BHA in accordance with HUD regulations. The Landlord must give the Tenant written notice of the offer, with a copy to the BHA, at least sixty days before the proposed commencement day of the.new Lease term. The offer may specify a reasonable time limit.for acceptance by the Tenant Family. If no new Lease is proposed and no termination notice has been given, this lease will be renewed,for a period of one year on a year-to-year basis unless landlord and tenant propose a.new lease.term:'`__ (M) Prohibited !ease .Provisions .; = -.. Notwithstanding anything to the;contrary contained in the Lease,::-any provision.' of the Lease which falls within the classifications below shall be inapplicable: 1.„ Confession of Judgment: Prior consent by Tenant to be sued, to admit guilt, or to a judgment in favor of the Landlord in a lawsuit brought in connection with the Lease. 2. Seize or Hold Property for Rent or Other Charges. Authorization to the Landlord to take property of the Tenant, or hold property of the Tenant, as a pledge or security until the Tenant meets any obligation which the Landlord has determined the Tenant has failed to perform. 3. Exculpatory Clause. Agreement by the Tenant not to hold the Landlord or Landlord agents legally responsible for any action or failure to act, whether intentional or negligent. 4. Waiver of Legal.Notice. ,Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant. .. S. Waiver of Legal Proceedings. Agreement by the-Tenant that the Landlord may evict the Tenant or hold or sell possessions of the Tenant Family i if the Landlord determines that the Tenant has violated the Lease, without notice to the Tenant or any court decision on the rights of the parties. 6. Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant's right to a trial by jury 7. Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenanrs right to appeal a decision on the ground of judicial error or to waive the Tenant,s right to sue to prevent a judgment from being put into effect. 8. Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of Lawsuit. Agreement; by the Tenant to pay lawyer's fees or other,legal costs whenever.the Landlord decides to.-sup, .whether,or not the Tenant wins. Destruction of Premises If the premises are rendered uninhabitable by fire, flood or other natural disaster during the term of this agreement, this agreement is thereupon�i iinatedy.. y (0) Additional Provisions/Changes Any additional provisions should be attached, initialed and dated by both parties, and be pail of this Lease. No changes, additions„ or,revisions to this Lease shall be made except by written agreement between Landlord and Tenant and approval in writing by the BHA. This Lease and any attachment represents the entire agreement between Landloitl.and Tenant. P Pets Tenant may not have a pet on the premises unless noted below: (Q) Termination of assistance The HA may terminate pr, gram assistance for the family for any grounds authorized in accordance with HUD requirements. If the HA terminates program assistance for the family, the HAP contract terminates autocratically. (R) Other ALL f�.4�T/�S /� GHEE ,7-/�✓f T ��v i ffcJ E 6-7?fj T 7V O O'cGW V T ,Pi2 oPc �'y Tlf.4T �ffG� 72�-,V 6W7— e.¢-7-e- cT /�rP �iis�s 6d/Ty 1.v 30 A R Y,s G A1.0 7-ii=1ci4Tio/ 1- V o Z-14)6�, This Lease has been signed by the parties on the condition that the BHA has executed a Housing Assistance Payments Contract with the Landlord. This Lease shall not become effective unless the BHA has executed a Housing Assistance Payments Contract with the Landlord effective the first day of the term of the Lease. WHEREOF, we the undersigned agree to this Lease, by signing three copies (one to be kept by the Landlord, one by the Tenant and one by the Barnstable Housing Authority). 47, i`l I S lry /�L r`�G'►1 Print ame of Landlord Pr'n me of Tenant Sig ature of Landlord Signature of Tenant iA ,2L 199 Daa p D Date d Address Address Telephone Telep on — g f t o}:�-f+� '" l�� r� t ti:V�ze'�'�4taN�`�r�t�..�"9.��r, i...k"�'r'`.,,�.h°:�la`'E?.gh,•k�i' :�#'4:$cur.�j "�,.'�,.�d` 1 • r -• � • NO. ti • rr •: L• • s PHONE 1� STAR i iDATE i ! E DESCRIP710N;OFWORK a °UN17z:wa ,.AMOUNTa x;;.. a� - r r '�,f'�,� ',���'��.`t.MATERIAL`�',;.�,�„a,n.. �•� ,,z ♦ 11 �� „ yx#Y i?.+i'y a #dew€lbw # ` i ' all ` e : x� �' * tMISCELLANEOUSCHAR'GESA NMI J� r '. • ,► HIM t t' �� ��' '�'`LABOR HR�RATE� MOUNT � R _.. _ •- WON- •-6 ra rr• •'1 � n In n a � to J � • ii-��'-t i � p D)/ DO NOT WI IN THIS BOX -OFFICE USE ONLY BARNSTABLE HOUSI . AUTHORITY ID LEASED HOUSING DEPHHTMENT Due notice due back: September 27, 1997 146 SOUTH STREETS Hy)iNNIS MA 02S01 TELEPHONE (508) 771-7292 FAX (50R) 778-9312 Date memo returned: Date passed inspection: IMPORTANT NOTICE & INSTRUCTIONS - PLEASE READ CAREFULLY Lynn Alberico August 27, 1997 68 Old Farm Hill Rd. Centerville MA 02632 Dear Landlord: Tenant Phone # on file: 790-4478 Recently an inspection was conducted at your rental unit located at 24A Betty's Pond Rd, in Hyannis .and currently occupied by Dennis Morgan The unit failed the inspection and it is necessary that repairs be made within 3 0 days INSTRUCTIONS-TO OWNER: Attached is a copy of the inspection report. ' Please review this report and repair each item that is marked as failed. Any item marked_ °T/D" is tenant damage and the tenant is responsible for the cost to repair it. If the repairs listed above require more than time to complete you must request an extension of our office in writing. Upon completion of ALL repairs please sign and return this memorandum as certification that the unit should be in compliance. Once you have done so a reinspection will be scheduled. Provided that all repairs have been done satisfactory, and that this memorandum has been signed and returned to our office within the allowed time, your rental payments will not be withheld. However, please be advised that if this office is not notified that the repairs are done within the allowed time your rental payments will, be stopped until the unit is in compliance and passes -our inspection. Retroactive payments WILL NOT be made. The Housing Assistance Payments Contract may be terminated at any time if deemed necessary by the Barnstable Housing Authority. These policies are taken directly from the Housing Assistance Payments Contract that you signed with our office and from the Section 8 regulations and guidelines. If you have any questions regarding the inspection report, please call the inspector at '508,746-4043. Any other questions can be directed to me or my assistant at (508) 771-7292.. _ Thank you for your attention to this matter: Landlord Certification: Please sign below to signify that Sinc ly, all repairs have been completed, Signature Leila Botsford, P. .M. Leased 'Housing Coordinator 1 -- cc: file Date 4 Dennis Morgan ai3aalSl' Irene'of y Phone No.. remit I.O. No. c+ P/1'I/9 S DYl inspector "/ to of Inspection Type of Inspection ( Annual Recert. ( ) Initial ( ) Reinspection ( ) Exit ( ) Tenant Complaint ( ) Special A -(;DOAL DifUMT1f1i street City Unit -, Ibusing Type 's IsatirR I 1 k (Qiech as epp mpcieto) County state Zip A _ echo Fi ed ume 110 ;2(a .g�e Fondly Detached 'Name of Owner or Agent Phone No. -Duplex or 7bo Feadly he-r `cG L y 7_>D// C -3 Fard.ly Hmm or o AkIress of U+ner or Agent D�63� 'D 3 cr4 House including l0 IM )/%//' c/'� E On-den Apartment B- blwY11a' I Umm ai UtiZT To be ted after farm has been filled out -High Rise: 5 or avre stories j ('t>ss rns No. of tu used for sleeping -GaWeg9te (y<j Fall �_ L (a mold be used if unit vecent) --CoqieImleppe>�t Group Residence Letter of Gmpliernce With Mass. -Other I 7 Inc. Lead Lev - Rec'd. ( ) Yes ( A Item Yes No In- Final ApErw. No. 1. LIVDC t;ti?1 Pass Fall Q=. 03ment Init./hate 1.1 Livim Rove Present 1.2 Mearicit 1.3 Electrical Hazards 1.4 Security 1.5 Wirdw Condition 1.6 allim Caxii Lion 1.7 Wall Condition 1.8 Floor Conc.litian ,t Item Yes No Ire- I �t Find Apprvr.� Nu. 2. XMIN Puss ail �/r^-� � Irdt.,ftj3te 2.1 Kitchen Area Present 2.2 Electricity_ 2.3 Electrical Hazards .4 2.5 i:'irdow Condition 2.6 Geili Condition f 2.7 Wall Condition 2.8 Floor Condition• 2.9 Stove/Ran x/wen L L L 2.10 Ref ri ator LL 2.11 Sink 2.12 Space for Storage.ard Preparation of Food ILL Yes No In- Final Apprvr, W. 3. I10FUM pass Dom 0mmt IniL./thte 3.1 BaUU= Present 3.2 Electricity 3.3 Electrical Hazards 3.4 Security 3.5 Winx Caxlition 3.6 Geilim Condition 3.7 Mall Condition 3.8 Floor Condition 3.9 Flush Toilet in Emlased Bco ,0 arvd t? Gi.J e I Roan in Unit 3.10 Fixed Wash Basin or Lavatory in Unit 3.11 Tub a Slnvwer in Unit _. 3.12 Ventilation Iteo 4. 4D-t Fom Un Yes No In- rirna: nMvv No. FQt UYDU & 1{AI1S Fail 03M OmuEnt Init./Lhte 4.1 Rove Code I and Roan Location L (Circle (he) t Gen 1ef (Circle (lie) FrmL GenL Vmts Ftinimm Space Requiresent Circle Om Yes No Floor Level A4.2 Electricat llltmLpation i✓1 ) ;rV o _ A4.3 Electrical1hzards A4.4 Security A4.5 Window Cuxlition A4.6 Ceiling Condition A4.7 WaLl Condition vv\ A4.8 Floor Crxxiition N. Codes 1�ledrova cr any otha ream used for (Regardless of type of roam) 2m Dining Rovn/Arw N&xo nd Living Rasa, Fazily Roam, Den, Mycam, TV Rom 4d"7nt rarm IhU, 0x-ridors, 11alLs, Stairs 5-ml i daml Daft ® WJier w "�Ow5 A-a s\))\J �l 1 a`'i Ira A. CM ER MYS UBFD Yee Nc, L►- FZna l M NO. " LIVDG 8 IKIS Pass Fhil Orc. 03ZEnt Init3slAbu. 84.1 Roan Code I and Roan Location i(Circle One) ' , ter ft (Circle One) Front Center Meets Ftiniatm t Circle Q�e es No Floor Level 84.2 Electricit llurdnaLion Li4.3 I Electrical Hazards I w eye 15 m re .4 1 Securitya B4.5 Wirdcv Condition 1 e B4 6 CeilingCondition o� a o B4.7 wall Condition S I .8 Floor Condition Cl+.1 Roan Code I and Rx= Location (t rrle Ctne) Right ter Left (Circle Q�e) E�ont Center Meets FFtinnimn Space Reguirawt Circle One Yes No Floor level Elect:ricit llusdnstion C4.3 Electrical }yards C4.4 Security C4.5 window Cond+Lion .C4.6 Gel Condition C4.7 Wall Condition C4.8. Floor Condition DU Roan Code I and Roan Location Circe ) R3 ter t (Circle One) Ffont Center Moak Minimm IpwAe Reouire►ent Circle One Yes No Floor level D4.2 Electricic ULrdneLion D4.3 Electrical hazards ,4 Secur-it ' D4.5 Wilda+ Cor&Lion D4.6 Ceilirw, Condition DO Wall L rodition D4.8 Floor Cord.ition a ream used for of of roan Z-Jining Arm Rosa Codas l•�iadrocn Q an other slee;drtg Regirdlesse ype y M,W" Living Roan, Family Rom, Dan, Pleyran, IV Rom 4W&trance Lulls, O=idars, Lulls, Staircases SnAddidnml Badhro m 6mOther Itm Yes No In- Final moo"• No. 5. BGROP Pass Fail Qmc. Oommmt Initial) to 5.1 None 5.2 -Security 5.3 Electrical Hazards 5.4 0dw Potentially Hazar our Feat�aes -- tad Yes 1io In- Final APProv. No. 6. fllI11 U DCLF W Paw Fail Q=- Q=mnt Irdt ial to 6.1 Condition of Fourdation 6.2 Condition of Stairs, Rails, and Porches .3 Condition of Roof and _ Outters 6.4 Condition of Exterior Surfaces 6.5 Condition of O-inm 6.6 Manufactured H3, : Tie Cow Not Applicable .7 Smoke Detectors - Not Applicable ROMYes No In- Final Aplrov. No. 7. IEAMU 6 PllHIDG Pass Fail Qmc. apt Ini to 7.1 Adequacy of Heating WLrrent �7 7.2 Safety of Heating EquipTent 7.3 Ventilstion/Cooling .4 Water Heater 7.5 Approvable Wetter Si4ply 7.6 PlunbiM 7.7 Sever Connection It'm 8. GDOAL IL U H "lea iio in- Fr,? A;-- AND SAFQY phm Pail ONC Comment InitL l/ ate .l Access to Unit 8.2 Fire Eadts %zards 8.3 Evidence of Infestation 8.4 Game and Debris 8.5 Refuse Disposal 8.6 Interior Stairs and Camnn Halls 8.7 Ctther Interior Hazards Elevators N-thApplicable 8.9 Interior Air QuBlity 8.10 Site and Neighborhood , Conditions Toot Sgpt.ure (late) a+rrer/Agent Signature (late) Inspector Signature (Date) 1► � i� -7 t P 339 578 812 ' US Postal Service Receipt for Certified Mail E No Insurance Coverage Provided. Do not use for International Mail§ee reverse Sent to ,PLmet ZIP C9d Postage Certified Fee Special Delivery Fee Restricted Delivery Fee a°)i Return Receipt Showing to Whom&Date Delivered Q Return Receipt Showing to Whom, Q Date,&Addressee's Address CM TOTAL Postage&Fees Is 00 Cq Postmark or Date Q LL a Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the""um address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). In I 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the m r return address of the article,date,detach,and retain the receipt,and mail the article. rn' 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Fond 3611,and attach it to the front of the article by means Y the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article n RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3611. ti 6. Save this receipt and present it if you make an inquiry. a Town of Barnstable Department of Health, Safety, and Environmental Services BARN9TABLE, - Public Health Division s6S9• 'OrFe t 1% 367 Main Street,Hyannis MA 02601 Office: 508-790-6265 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health August 14, 1997 Ms. Lyme Alberico 68 Old Farm Hill Road Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at Unit 24 A Betty's Pond Road, Hyannis was inspected on Aug. 8, 1997 by Thomas McKean, Health Inspector for the Town of Barnstable. This inspection was conducted at the request of Susan Nagle who was representing the tenants. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the State Sanitary Code were observed: 105 CMR 410.190: No hot water provided at kitchen faucet and bathroom faucets. Tenants stated they asked the Colonial Gas Company to turn off the gas due to a potential safety hazard from the furnace. The furnace was making"strange noises" according to the tenants. 105 CMR 410.552: The screen door was detached from the frame at the back door (slider). 105 CMR 410.500: The entire apartment had an odor of mildew. Carpeting in the master bedroom was damp. Mold and mildew observed on the baseboards of the master bedroom and living room. Also, mildew and mold observed on clothing which was kept inside luggage and closets. (Note: The window shades were closed throughout apartment. Also, no dehumidifier observed in the apartment.) 105CMR 410.500: Evidence of a past leak observed in the ceiling adjacent to the smoke detector (water stain observed). 105 CMR 410.351 and 105 CMR 410.280: The central air conditioner and heating system was inoperable. No air flow felt at the vents when the system was turned on. -j 105 CMR 410.50: No sheetrock provided in the back of the closet located in the children's bedroom, exposing furnace piping. 105 CMR 500: Rotted baseboard observed behind the toilet. You are directed to correct the violation of 410.190 within twenty-four(24) hours of receipt of this notice by repairing the furnace to a "safe" condition so that the hot water and air conditioner can be turned on. You are also directed to correct the remaining above listed violations within ten (10) days of receipt of this notice by attaching the screen door to the rear doorway repairing the closet wall, replacing the baseboard in the bathroom (behind the toilet) and providing a dehumidifier to reduce the dampness in the apartment. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, this violation must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health t Y` -'77 I C 0 �� , ` S. NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II. MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE_RENTAL ORDINANCE,ARTICLE 51 The prope�rt!owned by you located at 2i�i. &)"✓ was inspected on Av use 91F1�7 , IW4 by Health Agent for the Town of Barnstable�beeatm-ef a cow., The following violations of the Town of Barnstable Rental Ordinance was'` ,oA0 - Article 51 and the Sanitary Code II were observed: Nor wtio uhns ,-e.pxseAh.,5 .r J eA Pd .i p 5 ;c�� yr��. lea • �4F- � : :- u �, .� irnaea G p � �c c 6, wSt till �� te'� ti ��j���- �/� `2 r "t1 �• �// ( .G-cam ��.t1lu'14� b Jk :C .� • �' AA k r, MI�t.Il¢T /r /0 GM(Z �1 rJ 5p�p; &d,c6ce. o Sr+OiCe aL¢/er�v C.��t9T �.Ja• •.ca9oSen,eiQ 1, �� CA41! Qla.Z V Z `/t4. t.Sc�+ \ Zf Jr •—r&J 1q� �;j �G ll ,�sera 1N 10 e -)c+ af- � Ve..- -J W, t� 112S" 6-141'Z L, lava c� cC=•t I�re.,S � U- �[� pJ o Sly-'�`ro,sGlL P��`,Z2� i� �n= - 00.IQ _Db-5-CIA i etil— -t k You are directed to correct the violation of 1410,1(;a within receipt of this notice by9CQ_ re 4-C ln1�l At' �nl 2%:r� OVAL t�9naJ . G:Cu.: � _4% Ce You are also directed to correct the remaining above listed violations wit m sovon J Q� days of receipt of-this notices �5 Sc � �-a �e rear d-o�-vq•3, pl 2v4 (�roJt Alt ' 1.��n• dt�e! Q u ee-te ' �O �c� �^ cE.a `r. .! You:may requ st a heat'1'ng if Ait�en.petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, these violations must be corrected regardless of any request for a hearing. Please be advised that failure.to comply with an order could result in a fine of not more than $500. Each separate,day's,failure to comply with an order shall constitute a separate violation. You are.also subject to non criminal citations of$40.00 for�the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. Enclosed are citation numbers due to violations observed on r 4firPER ORDER OF THE BOARD OF HEALTH Thomas A.-McKean F Director of Public Health Town of Barnstable z p, 4 ;jtir �t i 4tv s4�3"-•'r.€ .r 2��dY.� v§ k,r! b. y.: :* ..`y;. •S i.r HP OfficeJet Fax Log Report for Personal Printer/Fax/Copier BARNSTABLE HEALTH DEPT 5087606304 Aug-11-97 09:10 AM Identification Result Pages Tune Date Time Duration Diagnostic 93628816 No answer 00 Sent Aug-11 09:09A 00:00:00 002080000000 1.2.0 2.8 • FORM3o HOBBS&WARREN,INC. THE COMMONWEALTH OF MASSXCHUSETTS BOARD O.F HEALTH CITY/TOWN _ + W p� DEPARTMENT � e ADDR _' 1c O LO 26 TELEPHONE LL 11 Gil � �� - • Address Z t�� S- o� "y Occu an nniS co) P I floor Apartment - No.of Occupants 3 No.of Habitable Rooms No.Sleeping Rooms ' 'Z No.dwelling or rooming units No.Stories , Name and address of owner �- r►ri c 1 hl 2Oalz, CSnj;2Wt& Remarks Reg. Vlo. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: 'Drainage Infestation Rats or other: STRUCTURE EXT. . Steps,Stairs, Porches: DwtLfigress:and Obst'n.: ❑ B ❑ F ❑ M Doors, indows: .,' �z 2 Z5" Gutters, Drains: Walls: Foundation: Chimney: BASEMENT on: , Dam ness s t' a M,( _ t� M4S rt7© S Li htin STRUCTURE INT. Hall,Stairway: 1,• Obst'n.: cf Hall, Floor,Wall,Ceiling: 'C- ,1jAra ro�i C7 -Hall Windows: •aA bZclC HEATING 1� Chimneys: C Central L1 Y . ❑ N Equip. Repair w1kA ',s ©,� TYPE: Stacks,Flues,Vents: ekc PLUMBING: Supply Line: - �� (� ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: AMP: Gen.Cond. Distrib. Box:-Gen. Basement wiring DWELLING UNIT Ventil. L to . Outlets Walls I Ceils. jin� �oorsFloors Locks Kitchen Bathroom —Pantry Den ,,,� 1A 1,✓ row^ LivingRoom Bedroom 1 Bedroom 2 Bedroom 3 Bedroom(4), Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.: Stacks, Flues,Vents,Safeties: s Kitchen Facilities Sink �• ,cgcy' Stove ' . c Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: Wash Basin,`Shower or Tub: Infestation. Rats, Mice,Roaches or Other: Egress Dual and Obst'n: General BuIldina Posted -Locks on Doors: '"oor Cat 0� r. 'Floor iS ONE OR MORE OF THE VIOLATIONS CHECKED 76OVE IS A CONDITION WHICH 3011, MAY-MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE kmd � OCCUPANT AS DETERMINED` BY' ,105CMR 410.750'-OF THE CODE'-OR THE � pk-� tely/ AUTHORIZED INSPECTOR.(See Over) ` THIS INSPECTION REPORT IS SIGNED AND CERTIFIED-UNDER THE PAINS AND PENALTIES OF PERJURY." INSPECTOR TITLE 0 D ` P40/4 DATE } - TIME— '( Z IQ A.M. THE NEXT SCHEDULED REINSPECTION P.M. - 410.750: Conditions Deemed to Endanger or Impair Health or Safety it ~A,- t The following conditions, when found to exist in residential premises, shall be deemed%conditions which may endanger or-impair the health, or safety and well-being of a person or persons occupying the premises: This listing is composed of these items which are deemed to always have the potential to endanger or materially impair the health or safety, fand)well-being of the occupants or the public. Because Chapter II, 105 CMR 410.000 through 410.499 state minimum requirements of fitness for human habitation, any violation has the potential to fall within this category in any given situation but may not do-so in.every case andItherefore cannot'-be included in this listing. Failure to include shall in no way be construed as.a determination that other violations may not be found to fall within this category. Nor shall failure to include affect the duty of•the local health official to order repair or correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833 nor shall it affect the legal obligation of the person to whom the order is issued to comply•with'such•order. • N (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 OIR 410.201 or improper venting or use of a space heater or water heater• as prohibited by 105 CMR 410.200(B)' and 410.202. (C) Shut-off and/or failure to restore electricity or gas. AD) - Failure to supply the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253(A), 410.253(B) and the lighting in common area required by 105 CMR 410.254. (E) Failure to'provide a safe supply of'water: (F) Failure to provide a toilet and maintain a 'sewage system in operable condition as required by 105 CMR 410.150(A)(1) and 410.300. (G) Failure to provide adequate exits, or the obstruction of any exit, , passageway or common area caused by an object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450 and 410.451. (H) Failure to comply with the security requirements of 105 CMR 41b.480(D). . (I) Failure to comply with any provisions of 105 CMR 410.600 through 410.602 which results in any accumulation of garbage, rubbish, filth or other causes -of sickness which may provide a food source or harborage for rodents, insects ;or other pests or otherwise contribute to accidents or to the creation or .spread of disease. (J) The presence of lead-based paint on a dwelling or dwelling unit in .viblation of the Hassachusetts Department of Public Health Regualtions for Lead Poisoning Prevention and Control 105 CMR 460.000. (K) Roof,'foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or i freent to health or dafety. ' (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilities as are required by 105 CMR 410.351 and 410.352 so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment �'to:health or safety.' ° (M) Any of the following conditions which remain uncorrected for a period of five or more days following- the notice to or knowledge of the owner of said condition or conditions: lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack 'of a stove and oven or any defect that renders either operable. (2) failure to provide a washbasin and a shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which renders them inoperable. (3) any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in violation of generally accepted • plumbing,heating,. gas-fitting; or electrical wiring standards that do not create an immediate hazard. (r) failure to maintain a safe handrail or .protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A) and 410.503(B). (5) failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (N) Amy other violation of Chapter II not enumerated in 105 CMR 410.750(A) -through (H) shall be deemed to be a condition which may endanger or materially Im"ir the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. �L 1 W t ^ FORM30 HOBBS&WARREN,INC. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH CITY/TOWN PbGLic prr-re� I V1 DEPARTMENT �1 GSM SVByeW ADDRESS "'1 ! l.(J 21'S S TELEPHONE Address - A EP �S' I�r>;� �-'� Occupant �� n� n��S /y1 ter a�1 floor Apartment No.�—No.of Occupants - No.-of Habitable Rooms No.Sleeping Rooms 2- No.dwelling or rooming units No.Stories Name and address of owner J-- An fir, c 0 CU NA TG�M Ifi(� �o�y �'.Qn l�'1✓1 Remarks— Reg. Vlo. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: = Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: QuahE. ress:and Obst'n.: _ ❑ B ❑ F ❑ M r Doors, indows: 'cr�c cl �� 'i r�c(^p ,, t/f ) �5tjz Roof-- n mo ,I a a nfc& 4,s, Gutters, Drains: ArD6 A � Walls: ✓ Foundation: Chimney: BASEMENT Qen!2aaita.'ori:` ( Dampness: -{rLmA -�rvt¢llsT e talcs r^ter 1��, r`r1 wq%Uj- 1,0 c�rL7r)M 1 S cAc7.A - Lighting: 1I0r1 ~70&-!n c. con�Y-- %'rn I, I4AA STRUCTURE INT. Hall,Stairway: .n n �> Obst'n.: r-(c, Nr) in n1.�c{ _ Hall, Floor,Wall,Ceilin : C l aftm'„o, r l } ; , Ic�ra Hell=6i=htir�.: Ir,� ir�c �C rvQ+�C�c�` �=7a 541 �rncI� proN', �x t" C Hall Windows: bactc w a(l -a t hack, r-, or✓��r- HEATING �,, Chimneys: ' NR r a��!; �nQr - hortsl2 tl~oPP�c. onzt Central C1J Y ❑ N Equip. Repair when, TYPE: Stacks,Flues;Vents: 'k PLUMBING: Supply Line: = t (l ✓ --� ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. VDoors Floors Locks Kitchen a, Bathroom 2 ;,,�( {�,,LAPant �'XDen X C a r,(�`rLivin RoomBedroom 1 #r, n4PG r- do o 4 Bedroom 2 e)a f /r70 Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.: ND h-,)k Stacks, Flues,Vents,Safeties: 6� }s Kitchen Facilities Sink Stove `wee Hof cO noA IV,),)1 q7 S �Al'IV,)MoA �m Bathing,Toilet Facil. Vent.,Plumb.,Sanit'n.: �„r� r- �� fi, ��,� A"t, � Wash Basin,Shower or Tub: J / Infestation Rats, Mice,Roaches or Other: Egress _ Dual and Obst'n: General Building Posted Locks on Doors: 1o0r cei e1 f '7w 1=iior 't ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH 3:4f- � MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE ��"`� OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE1yr AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PERJURY." IN 1.SPECTOR 'l0 6 � 60'_ TITLE / r � i� t t 6) 'C ^'t'I f A.M. DATE 1 �I TIME 2� (VA). I A.M. THE NEXT SCHEDULED REINSPECTION P.M. 410.750: Conditions Deemed to Endangggr or Impair Health or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises. This listing is composed of these items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter II, 105 CMR 410.000 through 410.499 state minimum requirements of fitness for human habitation, any violation has the potential to fall within this category in any given situation but may not do so in every case and therefore cannot be included in this listing. Failure to include shall in no way be construed as.a determination that other violations may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833 nor shall it affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with' 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shut-off and/or failure to restore electricity or gas. (D) Failure to supply the electrical facilities required by 105 CMR 410.250(B); 410.251(A), 410.253(A), 410.253(B) and the lighting in common area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage system in operable condition as required by 105 CMR 410.150(A)(1) and 410.300. (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by an object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450 and 410.451. (H) Failure to comply with the security requirements of 105 CMR 4110.480(D). (I) Failure to comply with any provisions of 105 CMR 410.600 through 410.602 --which results in any accumulation of garbage, rubbish, filth or other causes `of sickness which may provide a food source or harborage for rodents, insects ,or other pests or otherwise contribute to accidents or to the creation or .spread of disease. (J) The presence of lead-based paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regualtions for Lead Poisoning Prevention and Control 105 CMR 460.000. =(K) •Boof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or I*Aftkent to health or dafety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilities as are required by 105 CMR 410.351 and 410.352 so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to:health or safety. (M) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (t) lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either operable. (2) failure to provide a washbasin and a shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which renders them inoperable. (3) any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in violation of generally accepted plumbing heating,. gas-fitting, or electrical wiring standards that do not create an immediate hazard. .(r)_ failure to maintain a safe handrail or .protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A) and 410.503(B). (5) failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (N) Amy other violation of Chapter II not enumerated in 105 CMR 410.750(A) through (M) shall be deemed to be a condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. FORmw.HowsaWARREN,INC. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTHtneOG " Efwv S Tw• ^n r � I Cn'Y/TOWN rq!'sa- f rfal a DEPARTIAENT 62 co t �, ..a� ADDR . B i. ,. . ry' TELEPHONE 6041 Addres �` �- Occu an n�►S m a/1 p • '_ . floor. ` ` Apartment No.of Occupants No"of Habitable Robins � No:Sleeping Rooms Z ' No.dwelling or rooming units ', No.Stories Name and;address of owner- 1--LA%A_ A, Ioczr4.-co �0 d. rNK 2aa� 'p .�n W Remarks Rep. Vb. YARD Out Bld s..• Fences: s ' Garbs a and Rubbish. Containers 'Draina:e Infestation Rats or other: STRUCTURE EXT.,,. Steps,Stairs,Porches: > D ress:and Obst'n.: ❑B O F 0f M Doors, indows: 2 Gutters,Drains: ri Walls: ., Foundation:' :Chimney. BASEMENT on: Dam ness: s I,. Ke_, 1 M4S p .S d Lighting: o • :'0-QrAQc #M' taAAA STRUCTURE INT. Hall,Stairway: n Obst'n. Hall Floor Wall Ceiling: C Hall Windows: -alr b2cic Paw a a 17d I HEATING Chimneys: c Central ❑N —Equip.Repair TYPE: ..Stacks,Flues Vents:,,=ekc PLUMBING Su I :Line: . lztfi: (* ❑ MS ❑S.T: &P < :.Waste Line: k.r Tanks Safety and Vent s ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Gmd.: T AMP: r Gen.Cond. Distrib. Box: Gen.Basement Wiring: DWELLING UNIT Ventil. Lqtnq. I Outlets Walls Ceils. Wind. Doors floors Locks. Kitchen Bathroom f � Pant nax Den r c, 1*� 1✓ Livin Room ne Bedroom 1 Bedroom 2 Lj Bedroom 3 Bedroom 4 Hot Water Facil. . Su .Ten.;Gas,Oil,Elect.: Stacks Flues,Vents Safeties: s ` Kitchen Facilltles Sink ,; €, . , .o,r Stove _ Bathing,Toilet Faeil. Vent.,Plumb.,Sarnt n.. c m Wash Basin Shower or Tub: Infestation 'Rats,Mice,Roaches or Other Egress , Dual and Obst'n: General' Bulidin Posted _ .!.LocksonDoors: oor cat c4 t r iS a • ONE OR MORE.OF,THE VIOLATIONS CHECKED BOVE IS"A CONDITION WHICH ✓?ty��' MAY MATERIALLY IMPAIR THE;.'HEALTH OR SAFETY AND'WELL—BEING"OF THE OCCUPANT''AS DETERMINED' BY 105CMR,410.750 OF. THE CODE FOR THE Sp � fCIA< AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED-UNDER THE PAINS AND PENALTIES OF PERJURY." INSPECTOR TITLE ,,Zr .,. DATE � . TIME `T Y A . .. . . ,,: A.M. THE NEXT SCHEDULED REINSPECTION P.M. Permit Number: Date: Completed by �S (YlC min HIGH GROUND-WATER LEVEL COMPUTATION Site Location: •2LIA-- P0/ PCl=xA Lot No. 6 - 290.- 0C&°20 Owner: qon _S,AP (>�6,Mm,�.jAddress: Contractor: UAkv zk9 Address: Notes: STEP 1 Measure depth to water table 2- o to nearest 1/10 ft. _ / �/ ;� date STEP 2,tih�Using Water-Level Range Zone and Index We11 Map locate site and determine: A) Appropriate index well . . . . . . . . . . . B) Water-level range zone C STEP 3 Using monthly report"Current Water Resources Condit.ions" determine current depth to , ,y water level for index well . . . . . . 2 mo yr STEP 4 Using Table. of Water-level Adjustments for index well STEP 2A , current depth to water level for index well (STEP 3) , and water-level zone (STEP 2B) determine 3s(� water-level adjustment . . . . . . . . . . e' de depth to hi STEP 5 Estinat h water p g by subtracting the water- level adjustment (STEP 4) from measured depth to water l� b • level at site (STEP l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'OVs 1 I O'd V 1' 3v el. � u 2 S� ni� . 2 01,. _ Property lines shown on this plan / .7 are for assessing purposes only i and do not represent actual relationships to physical objects TOVJM OF\./'f5 5 S � �. Department of Public Works V, Hyannis,NIA 02601 `0 / `\� II i 15.3 15.2 }s2 "7 - K 2 WATER ELEV.= L� z,t,, 82 7 r i 1 PAVED 1 9 1 3 � t 2 .a8. \ , 93 4 t .7 / 3. i f kJ/26.2 _ A31.D 3 2.7 q- \/29.2 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE SUPERIOR COURT DOCKET NO.: 97-336 LYNN ALBERICO, ) Plaintiff ) M.RC.P RULE 45 ,) SUBPOENA DUCES TECUM v } ) DENNIS AND DENISE MORGAN ) Defendants TO: TOM MCKEON Board of Health Hyannis, MA GREETINGS,YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Massachusetts Rules of Civil Procedure to appear and testify on behalf of Lynn Alberico before the Barnstable Superior Court on Thursday, August 7, 1997 at 10:00 a.m. and from day to day. Further you are required to bring with you water table calculation and supporting documents for 24A Betty Pond Road, Hyannis, MA. HEREOF FAIL NOT, as failure by any person without adequate excuse to obey a subpoena served upon him be deemed in contempt of court in which the action is pending. Dated at Yarmouth Port, Massachusetts this 1 st day of August 1997. vowwy"ik J , ' er S. Esmel,Notary Public Commission Expires: 11/03/2000 lt-362-8819 nil aim= -Nme of y Plmne No. fenent I.D. No. Inspector to of Inspection 7 Type of Inspection ( ) ual Recent. ( ) Initial ( Reinspection ( / it ( ) Tenant Complaint ( ) Special A -GDOIAL MOMMM Street ' ,G City ` Unit Ibud%Type PSU (Check as appcopdate) County I State L.p A Mmufactured Home ::Single Single Fedly Detached flame of Owner or Agent Phone No. _Duplex or Two Fhad ly OC 3 Family }hose Row House or Town lime .AWress of Owner or Agent ID Rise: 3 or 4 stories including E Owden Aparbaent DIIT B - S1M�'iAfaf w ON UOT To be ted after form has been filled out -Gogh Rise: S or acre stories Congreg9te . I'tM . of roams used for sleeping _Cooperative RLU (or could:, be used if unit vaunt) Indepedent Oroup Residence of liance with Mass. -Other Letter Inc. Lead Law Rac'd. ( ) Yes ( A Item Yes No In- FYral App<vir. W. 1. UMM lbxM Nss Fail Gbnc. C>mnt Init./Date 1.1 Living Roan Present 1.2 Mectricit 1.3 1 Electrical Hazards 1.4 Securityz 1.5 Window Condition 1.6 Ceiling Condition 1.7 Wall Condition 1 ce .s e ti 1.8 Floor CorxU ion Its Yes Na In- Find mow. No. 2. T.rMO Pass ail �t Init./Date to Kitchen Kitc1 AreB Present 2.2 Electricity 2.3 Electrical Hazards 2.4 Security 2.5 Wirdaw Ca)dition 2.6 Condition 2.7 Wall Condition 2.8 Floor Condition 2.9 Stove/Ran w/wen 2.10 Refrigerator 2.11 Sink 2.12 Space for Storage and F- Premrstion of Food Its _ Yew No ID- Final Appcw. No. 3. I1OMCM pass Oonc. OMMt Lut./Date 3.1 Batluom Present 3.2 Electricity 3.3 Electrical Hazards 3.4 Security 3.5 Wb low Gordition 3.6 Geilirg Condition 3.7 Wall Cordition 3.8 Floor Condition 3.9 Flush Toilet in Fnclan d Roan in Unit 3.101 fixed Wash Benin or lavatory in Unit 3.11 Tub or Shvwer in.Unit 3112 Ventilation Final Apprw Item 4. OD0 FM USED Yes I No In- No. Fiat LIVID & MISFail Ctnc Oom�t Init./Date- No. 4.1 Room Code I and Roam Location l (Circle One) t Cent.er (Circle Okw) Front Center 1Lvts Minimm Space Requirement Circle Che No Floor Level M.2 Electricit 1Lluai ation A4.3 Electricalllazards A4.4 ' Security A4.5 Window Gondition A4.6 Ceiling Condition AM Wall Condition A4:8 Floor Conditicxn w w c�� ' e - ,t 77 (� Coles I-Dadroam or any other rum used for (Rego Uess of type of roam) 2■ Dmn Pbom/Ares 3&rond Bring Rocco, Fadl.y Roam, Den, Playroom, TY Roon 4-r-ntiarne hall, Corridors, Balls, Staircww S.Adol i banal Dad ra= 60tf,a ! I Its A. MB R)m 1® Yes I Nu I In- ilml AKrov No. RR LIYDG d IIA11S Pass I Fail 1 03M. Ot�ant Ldtial/Dncc B4.1 Roan Code / and Roan tion_ (Circle Om) Ripht Canter ft (Circle Ore) Front Center/Rear Meets Mlnimm t Circle Dee Yes No Floor Level B4.2 Electridt llurdnation 84.3 Electrical Hazards .4 Sec rit B4.5 Window Condition B4.6 CpAlim Condition B4.7 Wall Condition .8 Floor Condition C4.1 Roan Code I and Roan racition (Circle One) Right ter Left (Circle Ore) Front Centel Meets Minimp Sp3ce Requirerent Circle One Yes No Floor level C4.2 Electricit 1lurrdnstion C4.3 Electrical Hazards C4.4 Security _ C4.5 WLAow Cord+tion C4.6 Ceilim Condition C4.7 Wall Condition C4.8. Floor Condition DU Room Code / and Roan Location Circle ) Ri ter t (Circle One) Front Center Meets Minimm S irenent Circle Ore Yes No Floor level D4.2 Electricit llLrdnation D4.3 Electrical Hazards .4 Security D4.5 1 Window Condition D4.6 Condition D4.7 Wall Condition D4.8 Floor Condition # Rooi Cedes 143ednxm or any other room need for sleeping hVea less of type of mom) Z"ning Area 3Secad living Roam, F»1y Room, Dan, Play,rom, IV Roam 4Eintrarce IhUs, Caridom, 1611s, Staircases 5w%dditianal Bathrom 6.OLher Its Yes No. In- Final Approw. No. 5. BASEM dT Fb FWU Qm. Qzment hddal/Date 5.1 None 5.2 Security 5.3 Electrical Hazards 5.4 Other Potentially Hazard ore Features It= Yes No In- Final Approv. No. 6. HIIIIIDC BMW Pass FhUCbnc. Ctmmnt Irdt:LU to 6.1 Condition of Foundation 6.2 Condition of Stairs, Rails, and Porches 6.3 Condition of Roof and Gutters 6.4 Condition of Exterior Surfaces 6.5 Condition of Chimney . 6.6 Manufactured Limes: Tie Downs Not Applicable .7 Smoke Detectors - Not Applimble It® Yes No In- Find App w. No. 7. ICATDI; & A1HOU Pass Flail O=. Cent Ird to 7.1 Adequacy of Hmti% nri nt 7.2 Safety of Heating Equiment 7.3 ventilation Cm 7.4 %ter Heeter 7.5 Approvable Water Sumly 7.6 Fl 7.7 Sewer Connection it CSG d. ltJttlV1L MALL" i� �w T: tyal Apm-ov. No. AND SAFIIY Flail O=. Clamant Inidal/Iete .1 Access to Unit - 8.2 Fire Exdts ds -F.-3 Evidence of Infestation 8.4 GerbaRe and Debris 8.5 Refuse Dispowl a.6 Interior Stairs and Comrnxn Falls 8.7 Other Interior Hazards Elevators - Not Applicable 8.9 Interior Air lit 8.10 Site and Neighborhood Conditions • � �?� C w Tenant Signetase (Date) /Agent Signature (Date) L>,spector Sigrature (Date) • - -.. _. .. �... ....a.....tt ti:..it�.�',LF�L]Yi'i:l i ������- AIA - ,367 �f 4.4 4-ze 1�3-4..xze/9- 1�, �G� _in�✓f�,..Wiz ._ m1� Yam. .. .._ - _. ___..----- -_ ------- ------ -JJ- - i ': ,(/mot � ��G�y'�' •�Glt����-�.- /�� �"L _ . v OV tf s "a" r, Town of Barnstable Health Department 367 Main Street, Hyannis, MA 02601 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 10, 1996 Dennis Morgan 24 Betty's Pond Road Unit A Hyannis, MA 02649 RE: Access to 24A Betty's Pond Road, Hyannis Dear Mr. Morgan: It has been brought to our attention by your landlord Ms. Lynn Alberico and her attorney, that you are not allowing access to your property so that her workman can correct the housing code violations cited by this office on August 9, 1996. Please note that 105 CMR 410.810 of Chapter II of the State Sanitary Code ( Access For Repairs and Alterations) states that every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof, or his agent or employees, upon reasonable notice, reasonable access, if possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of these minimum standards. Failure to allow such persons cited above to make the needed repairs can result in a $40 per day fine to you the tenant and possible legal action. Please contact Health Inspector, Christina Kuchinski, at 790-6265 to rectify this situation immediately. i ry truly yours,mas cKean Director of Public Health Rvx� 120 J U da- ,Qi-uG2 h.evic v . . (�� 0(� . F a-r�►- /fir// /2aa.� !t 410 00 R NOTICE OF 105 NOTICE-TO ABATE VIOLATION • (;UI)G II, (1IINImUM S'I'ANUARUS UC FITNESS FOR HVHAN HABITATION ANI) ,(11E 'I U1VN UFO BARNS'I'ABLE RENTAL O[WINANCE ARTICLE SI property owned b you located at .2,1 &4- s P` `� ' was inspected on The ro y Y p p ,tj94 l,y C,m 4,1,P� Health Agent for the Town of Barnstable because of it comI)Iiint. 'Che following violations of the Ren To...gn of Barnstable t-1 Ordinance Article 51 and the Sanitary Code lI were observed: y/O .,svv T�v e-m-1 ice ora.,f rrle4.v Gov1l ace �c-�—�2 ��► � .� L u2S' S 0 I U t2 cw� -� Cwt� C,c7� � a�sd c�e�C 0(IQ f I *-e) id Y/6 , Soo Vvv��,. w� cow �-G► Vh Ct vs>✓f 9(0, �"u O —Ie Ciil/i) a,-L) w e l tJ o C ltq a-" w e c I-�e mot' t.vc �, �� (�� �- y10 .S"v0 a-J h d.(( CLA"t 64 -mac �crc l� S'oalZe, ' a-4,� lad e i 6� C � G �C ` O c r - i Y at Adieded o co rect th �131'o� withi 4 ho s of rece of this n by Yon Are -directed to correct the " bove listed violations within seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the g la ons ard of Ilealth within seven (7) days aver the (late order is received. However, must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order order shall d', could an orderconstn a itute lute a separate ne or n ot more than $50o. tAch separate day's failure to comply violation. You are also subject to non criminal citations of$40.00 for the Orst violation and $I5.00 for each additional violation. 'rickets will be issued daily until the violations ate corrected. to violations Enclosed are citation numbers due observed on t'ER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health Town of Barnstable A TRUE COPY ATTE T S A. MCKEAN DIRECTOR OF PUBLIC HEALTH The Town of Barnstable } Department of Nealtfi, Safety and Environmental Services DANW,r,�, i Public Health Division '�o MAY 367 Main Street,Hyannis, MA 02601 71omas A.McKean Office 508-790-6265 Director of Public Health FAX 508-775-3344 August 12,1996 Lynn Alberico 68 Old Farm Hill Road Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00 STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR IiUMAN HABITATION AND "I'IIE TOWN OF BARNSTABLE RENTAL ORDINANCE ARTICLE 51 The property owned by you located at 24 Betty's Pond Road, Unit A was inspected on August 9, 1996 by Christina Kuchinski, RS Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the State Sanitary Code were observed: 410.500: The entire apartment contained carpeting that was soaked with water and mildewed. The bottoms of the walls and corners also were covered by mildew. There was a very strong mildew smell throughout the apartment. 410.500: The ceiling and walls of the closet in the master bedroom were heavily water stained and items in the closet were covered with mildew. 410.500: The ceiling and walls of the closet in the child's bedroom were heavily water stained and items in the closet were covered with mildew. 410.552: The screen door provided for the sliding glass door in the child's bedroom was very hard to slide from side to side. The screen door was not running smoothly in the track. 410.500: The carpets and walls in the main front hallway of the building were water soaked and mildewed. 410.602: The outside patio was littered with cigarette butts and used matches from the upstairs tenants. You are directed to correct the remaining above listed violations within seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, this violation must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day s failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health cc: Barnstable Housing Authority A TRUE COPY ATTEST MAS A. MCKEAN DIRECTOR OF PUBLIC HEALTH Health Complaints 06-Aug-96 Time: 2:45:00 PM Date: 8/6/96 Complaint Number: 343 Referred To: Christina KUCHINSKI Taken By: EDWARD BARRY % Complaint Type: CHAPTER II HOUSING Article X Detail: UNSANITARY CONDITIONS Business Name: Number: 24 Street: Betty's Pond Rd. Hyannis Village: HYANNIS Assessors Map_Parcel: Complainant's Name: Address: Apt A, Betty"S Pond Rd, Hyannis Telephone Number: no phone Complaint Description: Wet carpet due to past flooding, mold, milldew, strong odor. Tenant claims wife has rash due to these conditions, Attached is a Barnstable housing inspection report Actions Taken/Results: Investigation Date: Investigation Time: a004 3�P 1 00 NOT WRITE IN THIS BOH -OFFICE USE ONLY BARNSTABLE Date notice due back: August 24, 1996 HOUSING AUTHORITY LEASF,D HOUSING DEPARTMENT' Date Memo returned: 146 SOUTH STREET• HYANNIS MA 02601 TELFPHONE(508)771-7292 Date Passed inspection: IMPORTANT NOTICE & INSTRUCTIONS - PLEASE READ CAREFULLY Lynn Albertico 68 Old Farm Road Centerville MA 02632 CODG July 9, 1996 Dear Ln.ndlord: Recerl,,, our inspector conducted an inspection at your rental unit located a fl 1 t i s�' `` d� currer:!.!y occupied by Dennis Morgan . The following items failed the inspection and MUST BE repaired within the time required (as listed belowl: LIVINtj.ROOM: Water damage; Walls and floor -are very wet with rotted baseboard BEDROOM ( Right/Rear): Closet - water leaking from above. Floor wet from furnace in Apt. 24B HEATING EQUIPMENT: 24B furnace in closet is leaking down into 24A - needs to be fixed INSTFUCTIONS TO OWNER: Please sign and return this form to our office upon completion of ALL repairs. If the repairs listed above require more tl•:in 4 s days to complete you must request an extension in writing immediately. Once this signed memo; ndum is returned to our office, a reinspection will be scheduled. Provided that all repairs have been done satisfc '.ory, and that this memorandum has been signed and returned to our office within the allowed time, your rental -iyments will not be withheld. However, please be advised that if this office is not notified that the repairs are d(: !e within the allowed time your rental payments will be stopped until the unit is in compliance and passe our inspection. Retroactive payments WILL NOT be made. The Housing Assistance Payments Contr,-;: t may be terminated at any time if deemed necessary by the Barnstable Housing Authority. These policies- are taken directly from the Housing Assistance Payments Contract that you signed with our office and from tl-ie Section 8 regulations and guidelines. Any item marked`TD" is tenant damage and you may charge your tenant for the cost to repair it. If you have any questions, or wish to speak to our inspector, please call our office at (508)771-7292. Landlord Certification: Sincerely, Please sign below to signify that all repairs, as listed above, .1 have been completed. Leila A. Bruce, P.H.M. Leas-,! Housing Coordinator Signature cc: file "D rnisMort Date T LEGAL SERVICES FOR CAPE COD AND ISLANDS, INC. 460 WEST MAIN STREET, HYANNIS, MASSACHUSETTS 02601-3695 (508)775-7020-428-8161 1-800-742-4107 All Numbers Voice and TTY FAX(508)790-3955 September 23, 1996 Christina Kuchinsk Barnstable'Board of Health Town Hall Hyannis, MA 02601 Re: Alberico v. Morgan Summary Process No. 9625 SU 3004 Dear Ms. Kuchinski: You have been served with a subpoena duces tecum in the above-referenced case. It is possible I could place you on telephone.stand by on September 26, 1996 and only call you if the case proceeds to trial. Please feel free to contact me if you would like to discuss this matter. If I do not hear from you, I will assume you will be in Court on Thursday, September 26, 1996, at 10:30 a.m. Very truly yours, Susan Nagl' Attorney at Law SN/ks Enclosure I Plymouth Office 18 Main Street Extension,Plymouth,Massachusetts 02360 (508)746-2777 1-800-585-4933 FAX(508)746-4311 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS:' DISTRICT COURT DEPARTMENT BARNSTABLE DIVISION SUMMARY PROCESS NO. 9625-SU-3002 Lynn Alberico, Plaintiff vs. * SUBPOENA DUCES TECUM V Dennis and Denise Morgan, Defendant TO: Christina Kuchinski Barnstable Board of Health Town Hall Hyannis, Massachusetts 02601 r GREETINGS,.YOU ARE.HEREBY'COMMANDED, in the name of the Commonwealth of Massachusetts, to attend and give testimony, at/before the Barnstable District Court, First Barnstable Division,-Barnstable, Massachusetts, on the 26th day of September, 1996, at 10:30 a.m. and from day to day thereafter until the examination is completed. You are further required ` to bring with you all documents relating to the premises at 24A Betty's Pond Road, Hyannis, Massachusetts from September,of 1995 to the present. HEREOF FAIL NOT, as failure by any.person without adequate excuse to obey a subpoena served upon him be.deemed-a contempt of the -court in which the action is pending. DATED AT Barnstable, this 23rd day-of September, 1996. Pursuant to M.G.L. c. 261, § 27A and M.G.L. c. 262, § 29; Defendant is proceeding under an , Affidavit of Indigency. Pursuant to M.G.L. c. 262, § 29, expenses incurred by witnesses summoned by Defendant "shall be paid by the Commonwealth after such witness has certified with the Court the amount of travel and attendance." + NOTARY P LIC My commission expires: /:' Health Complaints 06-Aug-96 Time: 2:45:00 PM Date: 8/6/96 Complaint Number: 343 Referred To: Christina KUCHINSKI Taken By: EDWARD BARRY Complaint Type: CHAPTER II HOUSING Article X Detail: UNSANITARY CONDITIONS Business Name: Number: 24 Street: Betty's Pond Rd. Hyannis Village: HYANNIS Assessors Map_Parcel: Complainant's Name: Address: Apt A, Betty"S Pond Rd, Hyannis Telephone Number: no phone Complaint Description: Wet carpet due to past flooding, mold, milldew, strong odor. Tenant claims wife has rash due to these conditions, Attached is a Barnstable housing inspection report Actions Taken/Results: Investigation Date: Investigation Time: Lt 1 Town of Barnstable Health Department 367 Main Street, Hyannis, MA 02601 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 10, 1996 Dennis Morgan 24 Betty's Pond Road Unit A Hyannis, MA 02649 RE: Access to 24A Betty's Pond Road, Hyannis Dear Mr. Morgan: It has been brought to our attention by your landlord Ms. Lynn Alberico and her attorney, that you are not allowing access to your property so that her workman can correct the housing code violations cited by this office on August 9, 1996. Please note that 105 CMR 410.810 of Chapter II of the State Sanitary Code (Access For Repairs and Alterations) states that every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof, or his agent or employees, upon reasonable notice, reasonable access, if possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of these minimum standards. Failure to allow such persons cited above to make the needed repairs can result in a $40 per day fine to you the tenant and possible legal action. Please contact Health Inspector, Christina Kuchinski, at 790-6265 to rectify this situation immediately. Very truly yours, homas cKean Director of Public Health i 00 NOT WRITE IN THIS BOH -OFFICE USE ONLY BARNSTABLE August 24, 1996 HOUSING AUTHORITY Date notice due back: 9 LEASED HOt1SIN0 DEPARTMENT Date Memo returned: 146 SOUTH STRF.E•r• HYANNIS MA 02601 TVLEPHONE(508)771-7292 Date Passed inspection: IMPORTANT NOTICE & INSTRUCTIONS - PLEASE READ CAREFULLY Lynn Albertico 68 Old Farm Road Centerville MA 02632 CCO)r July 9, 1996 Dear Landlord: Recert,,our inspector conducted an inspection at your rental unit located AM WMIMIT yanhls curre0!y occupied by Dennis Morgan . ` The following items failed the inspection and MUST BE repaired within the time required (as listed below,: LIVIN:7ROOM: Water damage; Walls and floor -are very wet with rotted baseboard a BEDROOM ( Right/Rear): Closet - water leaking from above. Floor wet from furnace in Apt. 24B HEATING EQUIPMENT: 24B furnace in closet is leaking down into 24A - needs to be fixed INSTRUCTIONS TO OWNER,: Pleasr. sign and return this form to our office upon completion of ALL repairs. If the repairs listed above require more 0•in 4 s days to complete you must request an extension in writing immediately. Once this signed memo• ndum is returned to our office, a reinspection will be scheduled. Provided that all repairs have been done satisf: 'ory, and that this memorandum has been signed and returned to our office within the allowed time, your rental , -iyments will not be withheld. However, please be advised that if this office is not notified that the repairs are dc. -a within the allowed time your rental payments will be stopped until the unit is in compliance and passe ; our inspection. Retroactive payments WILL NOT be made. The Housing Assistance Payments Contra;. t may be terminated at any time if deemed necessary by the Barnstable Housing Authority. These policie:- are taken directly from the Housing Assistance Payments Contract that you signed with our office and from thr� Section 8 regulations and guidelines. Any item marked "*TD" is tenant damage and you may charge your tenant for the cost to repair it. If you have any questions, or wish to speak to our inspector, please call our office at (508)771-7292. Landlord Certification: Sincerely, Please sign below to signify that all repairs, as listed above, .� have been completed. Leila.A. Bruce, P.H.M. Signature Leas-,I Housing Coordinator cc: file Dartnis:Morgan y Date LEGAL SERVICES FOR CAPE COD AND ISLANDS, INC. 460 WEST MAIN STREET, HYANNIS, MASSACHUSETTS 02601-3695 (508)775-7020-428-8161 1-800-742-4107 ,All Numbers Voice and TTY FAX(508)790-3955 October 1, 1996 • BY FAX (508) 778-4450 Randy Curry ." 33 East Main Street P.O. Box 531 Hyannis, MA. 02601 a Re: Alberico v. Morgan Summary Process No. 9625-SU-3004 Dear Mr. Curry: On Thursday, September 26, 1996, my.client, Dennis Morgan, told me that a contractor named,Gilmore had come to his house. Mr-Gilmore"said,he had been sent by Ms. Alberico and + that he would be back to begin repairs to the sheetrock on Friday, September 27, 1996. Mr. Gilmore never returned'to the premises. My-clients would dike the repairs'to the premises completed: As it is, they are not able- to use their living room due to over half of the room being stripped of sheetrock and carpet and due to the continuing wetness. Additionally, the back slider still is in need of repair. There is no ventilation.in their,daughter's bedroom,because of the problem with the slider. The screen is not useable: } The Morgans are available to have `repairs made nearly'any day. They are not available Monday, Octob'erJ, 1996, nor Thursday, October 10, 1996. A repairman could be sent nearly any other day at `10:00 a.m. If no one has come by Noon, then the Morgans will assume no one is coming on that day. 'Please contact.me to discuss this.. Very truly yours, Susan Nagl s Attorney at Law SN/ks " cc: Lynn Alberico ' Barnstable Board of Health -Barnstable Housing Authority Plymouth Office 18 Main Street Extension,Plymouth,Massachusetts 02360 (508)746-2777 1-800•585-4933 FAX(508)746-4311 Town of Barnstable Health Department b39. A 367 Main Street, Hyannis, MA 02601 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 10, 1996 Dennis Morgan 24 Betty's Pond Road Unit A Hyannis, MA 02649 RE: Access to 24A Betty's Pond Road, Hyannis, Dear Mr. Morgan: It has been brought to our attention by your landlord Ms. Lynn Alberico and her attorney, that you are not allowing access to your property so that her workman can correct the housing code violations cited by this office on August 9, 1996. Please note that 105 CMR 410.810 of Chapter II'of the State Sanitary Code (Access For Repairs and Alterations) states that every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof, or his agent or employees, upon reasonable notice, reasonable access, if possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of these minimum standards. Failure to allow such persons cited above to make the needed repairs can result in a $40 per day fine to you the tenant and possible legal action. Please contact Health Inspector, Christina Kuchinski, at 790-6265 to rectify this situation immediately. Very truly.yours, Thomas cKean Director of Public Health 4 _ - - ----__.__ _/(t%L .�%'/�-�. -_ �2 '-'7y1. G� � •� �d'74-Cam'%�" .• MR. ������s ice/. !Vl � �'�N Health Complaints 10-Sep-96 Time: 2:45:00 PM Date: 8/6/96 Complaint Number: 343 Referred To: Christina KUCHINSKI Taken By: EDWARD BARRY Complaint Type: CHAPTER II HOUSING Article X Detail: UNSANITARY CONDITIONS Business Name: Number: 24 Street: Betty's Pond Rd. Hyannis Village: HYANNIS Assessors Map-Parcel: Complainant's Name: Address: Apt A, Betty"S Pond Rd, Hyannis Telephone Number: no phone Complaint Description: Wet carpet due to past flooding, mold, milidew, strong odor. Tenant claims wife has rash due to these conditions, Attached is a Barnstable housing inspection report Actions Taken/Results: CK tried to inspect but no one was home, left business card in front door to call for appointment.CK insepcted on 8/9/96 at 1:30 pm and found housinng code violations which included excessive moisture, mildew, stained ceilings in closets, mildewed walls. Landlord is 68 Old Farm Hill Road, Centerville, MA 02632.Order to correct violations was sent. Investigation Date: 8/7/96 Investigation Time: 10:35:00 AM 1 '• sr _. .. - `SP:" 4 ..'.y:,�{,!'r 7Lw kr::�j8`•rny+.W1.. •..__'. r ..._. .� ..� w-:� ,..r.... ",.�.-✓ FORM30 Hoess3 WARREN,INC.NOV.1979.1983 THE COMMONWEALTH OF MASSACHUSETTS A TRUE COPY ATTEST BOARD OF HEALTH z-1a Gam, THOMAS A. MCKEAN CITY/TOVM DIRECTOR OF PUBLIC HEALTH DEPA.TTMENT ADDRESS/ 96 — E'/.�-) L TELEPHONE Addressi4/96r S /�°'i �' / Occupant— v '^ Ih Ls" Floor Apartment No: No.of Occupants_ �T No.of Habitable Rooms No.Sleeping Rooms No.dwelling or rooming units No.Stories Name and address wher L.WE3Fcy-4 Remarks Reg. Vlo. YARD Out Bld s.: Fences: / Garbage and Rubbish Containers: Drainage Infestation Rats or other: ikt STRUCTURE EXT. Steps,Stairs, Porches: I ,c t -/ hn I e Dual Egress:and Obst'n.: ❑ B ❑ F ❑ M Doors, Windows: Roof - Gutters, Drains: l.' Y �_ ( S`' 7 Walls: Foundation: /, Pv mj -32) Chimney: _ V t --,<- . BASEMENT Gen.Sanitation: Dampness: Stairs: U6)- J Lighting: KA-t x-,, STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceilin : Hall Lighting: Hall Windows: HEATING Chimneys: !c 1 Central ❑Y ❑ N Equip. Repair r ( c� _ -4 r , TYPE: Stacks,Flues,Vents: PLUMBING: Supply Line: ` D r C' r ❑ MS ❑ST ❑ P Waste Line: /}�,� , �. f H.W.Tanks Safety and Vents ELECTRICAL Panels., Meters,Cir.: 7L ° ❑ 110 ❑220 —Fusing,Grnd.: AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom Pantry Den LIvIna Room Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facll. Su .Ten.,Gas,Oil, Elect.: Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink Stove Bathing,Toilet Facll. Vent., Plumb.,Sanit'n.: Wash Basin Shower or Tub: Infestation Rats, Mice Roaches or Other: Egress Dual and Obst'n: General Building Posted Locks on Doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over,) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED,UNDER THE PAINS AND PENALTIES OF PERJURY." INSPECTOR Q� �f .T'FLE i DATE 1 196 TIME ( P.M.-) A.M. THE NEXT SCHEDULED REINSPECTION P.M. 410.750• Conditions i ions Deemed to Endanger or Impair Health or Safet The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises. This listing is composed of these items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the opcupants or the public. Because Chapter II, 105 CMR 410.000 through 410.499 state minimum requirements of fitness for human habitation, any violation has the potential to fall within this category in any given situation but may not do so in every case and therefore cannot be included in this listing. Failure to include shall in no way be construed as.a determination that other violations may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833 nor shall it affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 01R 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shut-off and/or failure to restore electricity or gas. (D) Failure to supply the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253(A), 410.253(B) and the lighting in common area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. .(F) Failure to provide a toilet and maintain a sewage system in operable condition as required by 105 CMR 410.150(A)(1) and 410.300. (G)_ Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by an object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450 and 410.451. (H) Failure to comply with the security requirements of 105 CMR 4110.480(D). (I) Failure to comply with any provisions of 105 CMR 410.600 through 410.602 which results in any accumulation of garbage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of lead-based paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regualtions for Lead Poisoning Prevention and Control 105 CMR 460.000. (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or dafety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilities as are required by 105 CMR 410.351 and 410.352 so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any of the following conditions which remain uncorrected for a period of five or more days following- the notice to or knowledge of the owner of said condition or conditions: (1) lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either operable. (2) failure to provide a washbasin and a shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which renders them inoperable. (3) any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in violation of generally accepted plumbing heating,, gas-fitting, or electrical wiring standards that do not create an immediate hazard. ( )_ failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A) and 410.503(B). (5) failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. II enumerated in 105 CMR 410.750 A (N) Amy other violation of Chapter not ( ) through (M) shall be deemed to be a condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. Z . 348 659 810 Receipt for Certified Mail o No Insurance Coverage Provided IAdTEOST�TES -Do not use for International Mail POSTLLSERVKE (See Reverse) T Sent to ✓ n l be cis Itre t nd 14 � 1 �'� .,State and ZIP Cod h O A 40 Postage - M E. Certified Fee O LL Special Delivery Fee �e3TdreTefYd f�4ive2�YFe�e I fte27chr.R�Eetp�t�h6"v✓oitc�t to Whom&Date Delivered Return Receipt Showing to Whom, Date,and Addressee's Address TOTAL Postage 1 &Fees Postmark or Date f,Iq,j STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(See front). a 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address 12 leaving the receipt attached and present the article at a post office service window or land it to your rural carrier(no extra charge). Q IC 2. If you do not want this receipt postmarked,stick the gummed stub to the right of-he return rn address of the article,date,detach and retain the receipt,and mail the article. t 3. If you want a return receipt,write the certified mail number and your name and address on a m return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN PECEIPT REQUESTED adjacent to the number. C 00 4. If you want delivery restricted to the addressee,or to an authorized agent of the Eddressee, co endorse RESTRICTED DELIVERY on the front of the article. >_ ' o 5. Enter fees for the services requested in the appropriate spaces on the front of this•eceipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. Cl) 6. Save this receipt and present it if you make inquiry. 1056C3.93-B-0248 -71 �.� The Town of Barnstable Department of Health, Safety and Environmental Services Not Public Health Division � 679• � �0 MAY 367 Main Street,Hyannis,MA 02601 Thomas A.McKean Office 508-790-6265 Director of Public Health FAX 508-775-3344 August 12,1996 Lynn Alberico 68 Old Farm Hill Road Centerville, MA 02632 NOTICE TO ABATE VIOLATIONS OF 105 CM 410.003 STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR IJUMAN IIABITATION AND •TILE •TOWN OF BARNSTABLE RENTAL ORDINANCE ARTICLE 51 The property owned by you located at 24 Betty's Pond Road, Unit A was inspected on August 9, 1996 by Christina Kuchinski, RS Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the State Sanitary Code were observed: 410.500: The entire apartment contained carpels ting corners also was aweae with covered bywater mildewed. The bottoms of th mildew. There was a very strong mildew smell throughout the apartment. 410.500. The ceiling and walls of the closet in the master bedroom were heavily water stained and items in the closet were covered with mildew. 410.500: The ceiling and walls of the closet in the child's bedroom were heavily water stained and items in the closet were covered with mildew. 410.552: The screen door provided for o ide to the side, The saroor eentdoor was nobrunn running edroom was very hard to slide smoothly in the track. 410.500: The carpets and walls in the main front hallway of the building were water soaked and mildewed. 410.602: The outside patio was littered with cigarette butts and used matches from the upstairs tenants. You are directed to correct the remaining above listed violations within seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, this violation must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health cc: Barnstable Housing Authority A TRUE COPY ATTEST MAS A. MCKEAN DIRECTOR OF PUBLIC HEALTH Health Complaints 10-Sep-96 Time: 2:45:00 PM Date: 8/6/96 Complaint Number: 343 Referred To: Christina KUCHINSKI Taken By: EDWARD BARRY Complaint Type: CHAPTER II HOUSING Article X Detail: UNSANITARY CONDITIONS Business Name: Number: 24 Street: Betty's Pond Rd. Hyannis Village: HYANNIS Assessors Map-Parcel: Complainant's Name: Address: Apt A, Betty"S Pond Rd, Hyannis Telephone Number: no phone Complaint Description: Wet carpet due to past flooding, mold, milldew, strong odor. Tenant claims wife has rash due to these conditions, Attached is a Barnstable housing inspection report Actions Taken/Results: CK tried to inspect but no one was home, left business card in front door to call for appointment.CK insepcted on 8/9/96 at 1:30 pm and found housinng code violations which included excessive moisture, mildew, stained ceilings in closets, mildewed walls. Landlord is 68 Old Farm Hill Road, Centerville, MA 02632.Order to correct violations was sent. Investigation Date: 8/7/96 Investigation Time: 10:35:00 AM 1 • DWELLING LEASE _ (This Lease has been approved by Barnstable Housing Authority) This lease meets the recuirements of the Section 8 Housing Assistance Payments Program, Section 8 Lease Addendum, and Massachusetts state Law. (A) Parties and Dwelling Unit and Purpose:_ The Parties to this Agreement are I C�Z_ referred to as LANDLORD IF and e;w4s AJ _ referred to as TENANT fcr the following dweliing unit:v��Y ��/�ys P)AM &A, 11 J 11� Massachusetts. This is a lease between the tenant and the owner. The tenant is a participant in the Section 8 program.'The tenant is the family member who leases the. contract unit from the.owner. The owner has laased the.cont[act'uhit to the tenant for occupancy, by the family with assistance under the Section 8 program. (B) Housing Assistance Payments Contract The Landlord will enter into a Housing Assistance Payments Contract("Contract')-with the Barnstable Housing Authority.("BHA') under the Section 8 Existing Housing Program of the U. S. Department of Housing and Urban Development. The purpose of the HAP contract is to assist the tenant to lease a cfvballing unit from the owner for occupancy by the family ydth.tenant-based assistance under the certificate program. (C) Use and Occupancy of Contract Unit The tenant must use the contract unit for residence by the tenant's family.'The unit must be the tenant's only.,residence. ' The composition of the family residing in the contract unit must be approved by the B HA.'The occupants 1' of the rental unit are: j2 6J Jx1iS 1140iw 1 f The tenant must not sublease or let the unit. The.tenant must not assign the lease or transfer the unit. (D) Conflict with Other Provisions of Lease. In case of any conflict between this Lease and any provisions of the Barnstable Housing Autho,r'rty Lease Addendum, the provisions of the Barnstable Housing Authority Lease Addendum shall prevail. (E) Term of Lease. The term of the Lease shall begin on ff�/ and shall continue until: 1 i 5 . (1) a termination of the Lease by the Landlord-in accordance with this.section. `7 (2) a termination of the Lease by the Tenant in accordance with the Lease { (3) a termination of the Contract by the BHA or' (4) by mutual agreement (Mutual termination must be approved by the BHA) n � 9 (F) Rent. (1) The amount of the total monthly rent payable to the Landlord during the term of the Lease (called the "Contract rent) shall be determined in accordance with the contract between the Landlord and the BHA. The amount of the contract rent shall be determined by the BHA in accordance with HUD requirements and may only be increased at the renewal of the Lease and in accordance with HUD guidelines as published in the Federal Register each year. (2). The portion of the Contract rent payable by the Tenant ("tenant rent') shall be an amount determined by the PHA in accordance with HUD regulations and requirements. The amount of the tenant rent is subject to change as determined by the PHA during the term of the Lease. Any change in the amount:':he tenant rent will be stated in a written notice by the PHA to the and the Landlord, stating the new amount aril the effective date of'the' change. ` (3). The tenant rent as determined by the BHA is the maximum amount the Landlord can require the Tenant to pay assent for the dwelling unit, including all services, maintenance and utilities to be provided by the Landlord in accordance with.this Lease. Tile owner may not demand or accept any rent payment from the tenant in excess of the tenant rent, and must immediately return any excess rent payment to the tenant. The tenant rent may not be more than the contract rent minus the BHA payment to the owner. (4). Each month, the BHA will pay a housing assistance payment to the Landlord on behalf of the Tenant Family in ac n cordance with tho Contract. The -,enthly housing assistance payment is the difference between the Contract rent and the tenant rent. (G) Security Deposit. , (1).. The Tenant has deposited $/q"7^ with the Landlord as a Security deposit. The Landlord will comply with HUD regulations regarding security deposits frorri a Tenant, and shall not collect a Security deposit which is more than the maximum amount permitted under the regulations.. (2). The Landlord will;gold the security deposit during the period the Tenant Family occupies the dwelling unit under the Lease. The Landlord >iiall comply with State and local laws regarding interest payments on security deposits. (3).After the Tenant Family has moved from the dwelling unit, the Landlord may (subject to State and local law) 'Fuse the security deposit, including any interest on the deposit, as reimbursement for unpaid tenant rent or other amounts which the"tenant owes under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of e2.ch item. After deducting the amount used as reimbursement to the Landlord, The Landlord shall promptly refund the full amount of the balance to the tenant. (H) Utilities/Appliances/Services Indicated below what party shall provide and pay for the following (write"N/A" if NOT APPLICABLE): Lights: Kitchen stove fuel (specify type),: Hot Water (specify type): Heat (specify type) : 61qS Garbage Collection/Trash Removal: �Z) A AQ ASS,-- • Z13V61-4A-14S. Refrigerator: TOU1971 T ' Air Conditioner: A44 Lawn Care: cgv& zgfSs ' /ywb ldx b Snow Removal: C,00 60 /9SSC• 4,-,71v6 Other: Other: Landlord/Cwner agrees to provide a stove for the rental unit. Landlord must supply and pay for water. (1) Landlord Agrees. (1). To maintain the dwelling unit, equipment and appliances," and common areas and facilities, to p•prwvide decent, safe and sanitary housing in accordance with the housing quality standards (24 CFR''i Section 882.109) For the Section 8 Existing Housing Program, including the provision of all the services, maintenance and utilities set forth in the Lease, and to comply with Chapter II of the Massachusetts State Sanitary Code. The owner is notresponsible for a breach of the HQS that is caused by any of the following: (i) The family fails to pay for any utilities that the owner is required to pay for under the lease, but which are to be paid by the tenant; (ii) The family fails to provide and maintain any appliances that the owner is not required to provide under.the lease, but which are to be provided by the tenant; or ' -(iii) Any member of the household-or guest damages`the contract unit or the premises (damages \ beyond ordinary wear and tear). (2). To.complete repairs by dates specified in notice by the BHA. -(3) Not to discriminate against the Tenant Family in the provision of services or in any manner,'on the grounds of age, race, color, religion, sex, handicap or national origin. (4) Not to enter the dwelling unit except to inspect the premises, make repairs,, or show the unit to prospective tenant or purchaser. The Landiord will contact the Tenant before such entry so as not to unreasonably disturb the i enant, who will not be unreasonable'in denying entry. Only in case of an emergency may entry be made without prior consent. If such emergency entry is made, the Tenant shall be notified. r ` (J).' Tenant Agrees. (1). To pay the Tenant Rent on the first day of each month unless otherwise agreed by Landlord. S (2). To maintain the'premises in clean and neat condition and at all times comply yvith the provisions of HUD Quality and Performance Standards and Chapter Il of the Mass State Sanitary Code. (3) To rtiake no substantial alteratio i,'addition.o�improvement in onto the gwelhng`urnt without prior .written..:consent from the landlord:"Such consent shall not be unreasonably,yvithheld{ but may be'conditioned.upon Tenant"s agreeing to restore the dwelling unit to its prior condition before moving �• out Any consent as`mentioned withirrthis paragraph must be in'wntmg and a copy`suppUec�to the BHA. (4) Not to allow on the premises any excessive noise or other a-t"*Y which disturbs the.peace. ` and.,quiet of other residents or tenants in the building. ` (5). 'To use the dwelling unit solely for residence by the Tenant, and.as the principle place of ' residence; and shall not as n the Lease or transfer the unit.it r g (6). Not to permit the leased premises to be occupied by anyone except those individuals specifically named as household members on the Housing Assistance Program application. Guests may be accommodated for reasonable short periods of time provided said occupancy is authorized by the Landlord, and in accordance with the regulations of the u.s. Department of Housing and Urban Development, the provisions of the Housing Assistance Payments Contract and the policies of the-BHA. (7). To vacate the premises at the expiration of the lease, remove all personal belongings, return the keys to the landlord and leave the premises as clean-and in as.good condition as-he found them (normal fiVNr and tear expected). (8). To allow the BHA and/or Landlord to inspect the dwelling unit at reasonable times and after r ( t; (9) To be responsible for and pay all damages beyond normal wear and tear' ' (10). Not to engage.in drug-related criminal activityor violent criminal activity, including criminal activity by any Family member. ' (K) Termination of Tenancy. i 1. Termination of Tenancy by Owner a. Grounds. The Landlord shall not terminate the tenancy except for: dam 1, 1. TPie ottice of grounds may be included in, or may be combined with, any owner eviction notice to tenant. Owner evicticn notice means a notice to vacate, or a complaint or other initial pleading used under State ' or local law to commence an eviction action. The owner must give the HA a copy of any owner eviction notice to the tenant at the came time that the owner gives notice.to the tenant. The owner must give notice of termination in accordance with HUD requirements. Any termination notice required by HUD may be combined with or.run concurrently with any notice required under State or local law. 2. Termination of Tenancy by Tenant The Tenant may terminate the Lease without cause at any time after the first year of the term of,the Lease on not less than thirty (30) and no more than sixty (60) days written notice by Tenant to Landlord (with a copy to the BHA). (The provisions of the subsection (L) are not intended to limit any right of the Tenant to terminate the lease where:so provided elsewhere in the Lease). The tenant mLISt notify the BHA and the owner before he/she moves.out of the unit. (L) Lease Renewal/Change A new Lease maybe proposed by the landlord for after the initial term.Said new lease must be approved by BHA in accordance with HUD regulations. The Landlord must give the Tenant written notice of the offer, with a copy to the BHA, at least sixty days before the proposed commencement day of the new Lease term. The.offer may specify a reasonable time limit.for acceptance by the Tenant Family. If no new Lease is proposed and no termination notice has been given, this lease will be renewed.for a period of one year on a vear-to-year basis unless landlord 'and tenant propose a,new lease.term::;._. (M) Prohibited ',Lease .Provisions Notwithstanding anything to the•contrary.contained in the Lease,:-'any provision.. of the Lease which falls within the classifications below shall be inapplicable: 1.-`Confession of Judgment. Prior consent by Tenant to be sued,`to admit guilt, or to a judgment in favor of the Landlord in a lawsuit brought in connection with the Lease: = `" 2. Seize or Hold Property for Rent or Other Charges. Authorization to the Landlord to take property of the Tenant, or hold property of the Tenant, as a pledge or security until the Tenant meets any obligation which the Landlord has determined the Tenant has failed to perform. 3. Exculpatory Clause. Agreement by the Tenant not to hold the Landlord or Landlord agents legally responsible for any action or failure to act, whether intentional or negligent. : 4. Waiver of Legal Notice. ,Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant. 5. Waiver of Legal Proceedings. Agreement by the Tenant that the Landlord may evict-the Tenant or hold or sell possessions of the Tenant Family i if the Landlord determines that the Tenant has 1 violated the Lease,without notice to the Tenant or any court decision on the rights of the parties. 6. Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant's right to a trial by jury 7. Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant's. right to appeal a decision on the ground of judicial error or to waive the Tenant,s right to sue to prevent a judgment from being put into effect. 8. Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of.Lawsuit. Agreement by the Tenant to pay lawyer's fees or other legal costs whenever.the Landlord.decidesaosde, .whether.or not the Tenant wins. �N) Destruction of Premises If the premises are rendered uninhabitable by fire, flood or other natural disaster uring the term of this agreement, this agreement is thereupon Te"ffinate i • . .ti ' (0) Additional Provisions%Changes Any additional provisions should be attached, initialed and dated by both parties, and be pail of this Lease. No changes, additions, or revisions to this Lease shall be made except by written agreement between Landlord and Tenant and approval in writing by the BHA. This Lease and any attachment represents the entire agreement between Landlord and Tenant. (P) Pets Tenant May not have a pet on the premises unless noted below: (Q) Termination of assistance The HA may terminate program assistance for the family for any grounds authorized in accordance with HUD requirements. If the HA terminates program assistance for the family, the HAP contract terminates' automatically, atically, (R) Other: i r Nen, ,ec- V T/J�r �SV,�T��T ,�i2aPc•- Ty/ TffRT /oiry/.V So .b�qYs ;9 V oA''Ve'r— � i. This Lease has been signed by the parties on the condition that the BHA has executed a Housing Assistance Payments Contract with the Landlord. This Lease shall not become effective unless the BHA �. has executed a Housing Assistance Payments Contract with the Landlord effective the,first day of the term of the Lease. a e WHEREOF,. we the undersigned agree to this Lease, by signing three copies (one to be kept by the ^� Landlord, one by the Tenant and one by the Barnstable Housing Authority). Jil Y`1 Print ame of Landlord Prin me of Tenant Sig ature of Landlord Signature of Tenant -Tr1ti� Da(,!( nn Date Pd- Address Address Telephone Telephone