UMass Apartments

The State Department of Public Health has sent an advisory ruling to the town of Amherst giving it the authority to inspect the allegedly dilapidated apartments owned by the University of Massachusetts (UMass) in Amherst.

Chester Penza, building commissioner of Amherst, said yesterday the department of public health's ruling is "just an advisory opinion," adding, "we plan to sit tight and wait for our lawyer to review it."

Earlier this month, members of a graduate dorm filed a class action suit against the town of Amherst to force inspection of their apartments. The town, hoever, refused to conduct the health inspections, claiming that state law excludes it from any authority over state-owned buildings.

The ruling is a "very fine thing to happen, because it will help the suit quite a bit," Steven L. Baumohl, the lawyer for Jose G. Trejo, one of the tenants of of the dormitory, said yesterday.

Donald A. Robinson, director of environment and safety at UMass, said yesterday the individual town inspections would be an "inconsistent approach" because the university owns property in 11 cities and towns."

Robinson added that he recently inspected parts of the dorm in question, but did not find anything that constituted a health hazard.

Trejo said yesterday, "It doesn't seem proper for the university to inspect the university," adding that he initiated the suit in response to ventilation and drainage problems in his apartment.

"I just want to live in a decent place," he said.