12 Mt Vernon Street Sober Home Certification Requirement Letter July 2018 ELIZABETH M.RENNARD VICTORIA B.CALDWELL
CUYSOUCITOR 1; CI:}� 19.S'SISTANT CHYSOUCTOR
93 WnsHNGroN STREET : 93 Wnsi-uNGToN STREET
SAi FM MA 01970 SAIRA%MA 01970
T EL-918.619.5633 TEI-978.619.5634
FAR: 978.744.U79 CITY OF SALEM FAX: 978.744.1279
EMAru BRENNARD,@SALEM.COM HIMBER EYLI DRISCOLL,MAYOR EMnu,:'V nAMWELL@SALEM.cOM
LEGAL DEPARTMENT
93 WASHINGTON STREET
SALEK MASSACHusF,.m oiwo
July 23, 2018
Via Email
Andrew J.Tine,Esq.
Law Offices of Andrew J.Tine
18 Maple Avenue
Barrington,RI 02806
Re: 12 Mt.Vernon Street. Salem. MA
Dear Attorney Tine:
In your letter of June 14,2018,you indicated that the owner of the above-referenced property was seeking
voluntary certification through the Massachusetts Alliance for Sober Housing hap.s://mashsoberhousin .or After a review of the listing of certified sober homes on the
organization's website and a call to the organization, it is apparent that your client has not begun the
process. While certification is voluntary,the City does need some form of proof to establish that the
house is a sober home and not a roomingllodging house. Evidence of certification,or of a certification in
process,would eliminate any concerns as to the use of the property. Failure to provide some form of
proof may result in the property running afoul of City zoning and other requirements for lodgingtrooming
houses.
The National Alliance for Recovery Residences(NARK)Code of Ethics,https://narronline.orglwn-
content/uploads/2017/10/NARR_ethics_code_amended_10-2017.ndf,provides that the home should
"maintain an environment that promotes the peace and safety of the surrounding neighborhood and the
community at large." To assure neighbors that the appropriate care is being taken,I am also requesting
that you provide the City with the form of agreement the owner has residents sign. Knowing the rules of
the house that residents agree to abide by would go a long way to assure neighbors that the environment is
in fact one"that promotes the peace and safety of the surrounding neighborhood." Establishing a
collaborative relationship with City departments and providing requested information will help us help
you in managing the questions and concerns of neighbors and residents.
Please forward the documentation requested via email and feel free to give me a call or email me if you
have any questions or would like to talk further. We look forward to working with you.
Very truly yours,
I/ -- ..
Victoria B. Caldl
Enclosure
cc: Thomas St. Pierre,Inspectional Services Director
ELIZABETH M.RENNARD { ? VICTORIA B.CALDWELL
CHYSOLIQTOR �' ASSISTANT Cr1YSOUaTOR
93 WASHINGTON STREET .: 93 WAsmNGTON STREET
SALEM,MA 01970 SALEM,MA 01970
TEi_978.619.5633 TEL:978.619.5634
FAX: 978.744.1279 CITY OF SALEM FAX: 978,744.1279
EMAIL:sRENNARD@SALEM.COM KIMBERLEY L.DRISCOLL,MAYOR EMAIL:vcALDWELL@SALEM.COM
LEGAL DEPARTMENT
June 7,2018 93 WASIIINGTON STREET
SAI EM,MASSACHUSETTS 01970
Andrew J. Tine, Esq.
Law Offices of Andrew J. Tine
18 Maple Avenue
Barrington, RI 02806
Re: 12 Mt.Vernon Street, Salem MA
Dear Attorney Tine:
Thomas St. Pierre, Inspectional Services Director, forwarded your letter of May 2,2018 regarding the
above-referenced property to our office for a response.
Please be assured that the City does not dispute that the use of a residential property as a sober home for
individuals recovering from drug and alcohol addiction is entitled to protections under state and federal
fair housing laws as well as pursuant to Section 3 of Chapter 40A of the General Laws. In order to
establish that the property is in fact being used as a sober home for disabled residents, however, we
request that you provide the City with documentation to establish that it is being used as a sober home
rather than a boarding/rooming house. As you know,boarding/rooming houses are subject to additional
licensing, zoning,and other requirements under state law and our local ordinances.
Provided that the documentation provided establishes that the residence is a sober home,the units will be
treated the same as any other family dwelling units within the City. As with other such rental units in the
City,the property must be registered and the units inspected pursuant to the City's certificate of fitness
ordinance (copy attached). It is my understanding the Board of Health has reached out to the property
owner to have this accomplished. In addition, as with all properties in the City,the owner is required to
maintain the property so as not to create a nuisance and in compliance with the applicable City
ordinances, including but not limited to,those dealing with trash,recycling,and disorderly house status.
For your reference,the City's entire code of ordinances can be found online at:
hops:'/librarv.mli;iicocie.com ma;saleiri/codes:Code of ordinances .
Please forward the documentation requested at your earliest convenience and feel free to give me a call or
email me if you have any questions or would like to talk further.
Very truly yours, T
V)L/I a W (� 6
Victoria B. Caldwell
Enclosure
cc: Thomas St. Pierre, Inspectional Services Director
6/8/2618 Salem,MA Code of Ordinances
Sec.,2-705. -Certificate of fitness of rented dwelling unit, apartment or tenement.
(a) Purpose.To ensure that all rental units within the city are fit for human habitation and meet the
requirements of the sanitary code, all rented dwelling units, apartments, or tenements, other than those
in a hotel or motel or otherwise exempted from this ordinance, shall be required to obtain a certificate of
fitness at least every three years and every time a new tenant occupies a rental unit.
(1) Three-year inspection requirement. Every three years, each rental unit, excluding those in owner
occupied two- and three-family homes or those which have provided proof of passing a HUD
inspection within the previous three years, shall be inspected to ensure compliance with the state
sanitary code and city ordinances. Any dwelling unit, apartment, or tenement which has not been
found in violation of any sanitary or building code provisions and has not received any disorderly
house citations in the three-year period since last inspected will be subject to inspection every five
years, provided there has been no change of ownership or tenancy.The three-year inspection
requirement shall not apply to any owner-occupied unit regardless of the number of units in the
building.
(2) Inspection upon change of tenancy. Each rented dwelling unit,apartment, or tenement, including
those in owner occupied two- and three-family homes, shall be subject to inspection whenever they
are vacated by the occupant thereof or prior to such vacancy.The owner or lessor of such
residential property shall be responsible for notifying the board of health of such vacancy and for
scheduling an inspection required by this section.A change in tenancy shall not include
circumstances where the change results in an owner becoming the new occupant of the unit.
(3) Short-term rentals.A certificate of fitness shall also be required for any owner of residential
property who rents or leases a dwelling or any portion of a dwelling on a short-term basis. "Short-
term" shall be defined as fewer than 14 days in any one year. Owners who intend to offer such
short-term rentals to tourists must notify the board of health to register the property as such and
schedule an inspection to receive a certificate of fitness.This registration and certificate must be
renewed every year or upon a change in ownership, but not upon any change in the short-term
tenancy.
(4) Problem property.Any rental dwelling unit,apartment, or tenement located at an address to which
the police department has been called to not fewer than four times within the preceding 12 month
period for any incident involving any arrestable offense including, but not limited to, disturbing the
peace,trespassing, underage drinking or assault; or where the inspectional services department
and/or the board of health have received no fewer than four sustained complaints within the
preceding 12 month period, may be deemed a "problem property"and subject to annual inspection
at the discretion of the director of inspectional services or the board of health agent.
(b) Certification required,fee. Such unit must be inspected and certified by the board of health or its agents
as meeting 105 CMR 410.000,State Sanitary Code, Chapter Il, Minimum Standards of Fitness for Human
Habitation, as promulgated and from time to time amended by the state department of public health.
The fee for such an inspection shall be$50.00 per unit.
(c) Refusal of certification. If, after any inspection by the board of health or its agents pursuant to this
section, an inspector refuses to issue a certificate of fitness, such inspector shall issue a written order or
copy of the inspection form setting forth the violations of chapter 11 of the state sanitary code existing in
the unit,which must be corrected before a certificate of fitness may be issued. It shall be the
1/2
6/8/2018 Salem, MA Code of Ordinances
responsibility of the owner or lessor receiving such order to notify the board of health when such
violations have been corrected. The initial inspection fee shall cover the cost of the initial inspection and
one re-inspection of the unit.An additional fee of$50.00 shall be imposed for the third and any
subsequent inspections.
(d) Time of inspections.The board of health or its agents shall make such an inspection within ten working
days of notification from the owner as to a change of tenancy or the intent to establish a short-term
rental. If the inspection shall not have been made within ten working days,the owner or lessor may
proceed to rent the unit provided the owner arranges for an inspection to occur within 30 days of
notification.The health agent, in consultation with the director of inspectional services,shall establish a
schedule for the inspections required under this provision.
(e) Postingof certificate. Upon issuance of such certificate, it shall be posted in a conspicuous place in which
the unit is located or a copy of it shall be given to any person occupying the unit.
(f) Appeal procedure.The appeal procedure from any decision of the board of health shall be same as that
set forth in chapter 11 of the state sanitary code.
(g) Records. Owners shall keep a register listing the names of tenants and dates of tenancy for the previous
five years, including any short-term tenants, and make such record available for to the board of health
inspector upon request.The owner's register shall not be retained by the board of health and shall not
be a public record under the law.Whether or not a certificate of fitness has been issued by the board of
health for a particular unit shall be a matter of public record.
(h) Penalties.Any owner or lessor of such property used for dwelling purposes failing to comply with this
section shall be subject to a fine of$50.00 each and every day that he allows any person to live, occupy,
or inhabit the premises without having received a certificate of fitness from the board of health for a
particular unit upon a change in tenancy or upon failure to comply with the inspection requirement.
(i) Certification requirement limited.Absent a change in tenancy or ownership, no rented dwelling unit,
apartment, or tenement shall be required to be certified for occupancy more than once in any
consecutive three-year period, unless the property has been determined by the director of inspectional
services or the board of health agent to meet the criteria for designation as a problem property so as to
be subject to annual inspection:
(j) Exemptions. Exemptions from this section shall include property owned and managed by the city
housing authority.Also exempted from this section is property consisting of 100 or more rental units that
is subject to periodic inspections by the state housing finance agency,the Metropolitan Housing
Assistance Program,the Department of Housing and Urban Development, and/or the city housing
authority.Any new construction completed less than five years prior to the date on which the rented
dwelling unit, apartment, or tenement becomes vacant shall not be required to be inspected under this
section unless it has been designated as a problem property as provided above.
(k) Right to inspect. Notwithstanding the foregoing,the board of health reserves the right to inspect any
dwelling unit, apartment, or tenement in accordance with the provisions of the state sanitary code.
(1) Other remedies.This section shall not be construed to impair any common law or statutory cause of
action or legal remedy therefrom of any person for injury or damage arising from any violation of this
section or from other law.
(Code 1973, § 2-344; Ord. of 7-17-2008, § 1; Ord. of 12-7-2017)
V
2/2