56 Mason Street Housing Inspection August 2022 r
CITY OF SALEM, IVLASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTO N STREET,3RD FLOOR PublicHealth
A EM,M q 0 970 Present.Promote.Protect.
-fEL,. (978) 741-1800
KIMBERL£Y DRISCOLL health@salem.com DAVID GREHNI3.um,RS
MAYOR HI?ALTt t.AGENT
August 22, 2019
Aidan Maguire
2786 SE 14th Street
Pompano Beach, FL 33062
Dear Sir/Madam:
In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter
1: General Administrative Procedures and 105 CMR 410.00:State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human
Habitation, an inspection was conducted of the property 56 Mason Street conducted by Elizabeth Gagakis, Senior Sanitarian on August
14, 2019 at 11:00am.
Notice: if this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of
lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460:000: Regulations for Lead Poisoning Prevention
and Control. For further information or to request an inspection, contact the Salem Board of Health at 978-741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report and to take all positive
action to prevent these violations from occurring again in the future.
Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in
Trial Court. Time for compliance begins with receipt of this Order.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be
received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to
be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by
an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection in investigation reports,
orders and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the
hearing.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as
outlined in the enclosed inspection report form.
Fo the B d Health Reply to:
avi e n aura Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: tenant
Certified mail—7017 1450 0001 5936 5941
CITY OF S11I..EM, MASSACHUSETTS cur
'R BoARD 014 IF UXI
98 WASHINGTO.N E STRG'T,31"' FLOOR PubliCHealtl
S.ALEM, M O_A 970 Prevent.Promote.Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL healthCsalem.com DAVID GRU1,NBAum,RS
MAYOR Hi.,-vi 1't I AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Kristen Breault Owner: Aidan Maguire
Phone number: Address: 2786 SE 141h Street
Address: 56 Mason Street Pompano Beach, FL 33062
Salem, MA 01970
Inspection Date: August 14, 2019 Time: 11:00am
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
Specified Time Reg. #410. Violation(s)
Based upon a tenant complaint a permitted inspection was conducted in accordance with
Article II of the State Sanitary Code, 105 CMR 410.000. Upon inspection, the following
were noted:
7 days .500 1. There were large areas of the dining room ceiling that were missing and there is
some staining on the ceiling, indicating a possible leak. Investigate for any sources
of leaking and repair; repair ceiling so it is intact and in good condition. Owner to
correct this violation within 7 days.
7 days .500 2. Flooring in the mudroom at the back entrance is damaged. Replace/repair flooring
so the floor is intact and in good condition. Owner to correct this violation within 7
days.
7 days .500 3. A window in the mudroom is nailed shut and missing a screen.Window must be
repaired to proper working order and be able to open and close; screens must be
provided between April 1 and October 30 each year. Owner to correct this violation
within 7 days.
7 days .500 4. Floor in the kitchen is missing-, only subfloor is present. Replace floor so it is intact
and in good condition. Owner to correct this violation within 7 days.
3 days .351 5. Water was off at the kitchen faucet at the time of inspection. Repair any problem
causing the water to be off or restore water to this sink. Owner to correct this
violation within 3 days.
7 days .503(A) 6. Stairs to the second floor are missing a railing. Provide a railing for the stairs.
Owner to correct this violation within 7 days.
7 days .500 7. Several tiles behind the bathroom sink are missing and there is a hole in the wall.
Replace tiles/repair so wall is intact and in good condition. Owner to correct this
violation within 7 days.
24-48 hours .482 8. There were no working smoke detectors or carbon monoxide detectors in the unit
at the time of inspection. Owner and tenant to ensure working smoke and CO
detectors are provided and installed in accordance with applicable codes. Owner
and tenant to correct this violation within 24-48 hours.
One or more of the above violation may endanger or ma ially impair the health, safety and well-being of the occupant(s)
Code Enforcement Inspector
Este es un docum nt a mporEante. u e e afecte sus derechos. Puede adquirir una traduccion
de esta forma.
LEGAL REMEDIES FOR TENANTS OF RESiDENTIAL HOUSING
4E FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
DDE VIOLATIONS CORRECTED.
Rent Withholding(General Laws Chapter 239 Section 8A)
If Code Violations Are Not Being Corrected, you may be entitled to hold back your rent payments. You can do this
without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violaatiaons which are serious enough to
endanger or materially impair your health or safety and that your landlord knew about the violations before you were
behind in your rent,
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this R is best to put the rent
money aside in a safe place.)
Repair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you to,.use your rent money to make the repairs yourself. If your local code enforcement
agency certifies that there are code violations which endanger or materially impair your health,safety or well-being and
your landlornd has received written notice of-the violations, you may be able to use this remedy. If the owner fails to
begin necessary repairs (or to enter Into a written contract to have them made) within five days after notice or to
complete repairs within 14 days after notice you can use up to four months rent in any year to make the repairs.
Retaliatory Rent Increases or Evictions Prohibited(General Laws Chapter 186.Section 18 and Chapter 239 Section 2A).
The owner may not Increase your rent or evict you in retaliation for making a complaint to your local code enforcement
agency about code violations. If the owner raised your rent or tries to evict within six months after you have made the
complaint he or she will have to show a good reason for the Increase or eviction which.is unrelated to your complaint.
You may be able to sue the landlord for the damages If he or she tries this.
Rent Receivership(General Laws Chapter 1 i 1 Section 127C•H).
The occupants andfor the board of health may petition the District or Superior Court to allow rent to be paid into court
rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as Is
needed to correct the violation. The receiver is not subject to a spending limitation of four months rent.
3reach of Warranty of Habitabr7ity..
You may be entitled to sue.your landlord to have all or some of your rent returned If your dwelling unit does not
meet minimum standards of habitability.
3nfair and Deceptive Practices(General Laws Chapter 93A).
Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you
may sue an owner.
INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT
TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO
ISULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
North Shore Community Action Programs Inc. Northeast Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 Lawry,MA 01840
(978)531-0767 (978)689-7833