173 Lafayette Street #1 Housing Inspection 5-22-2019 CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET,3R"FY,OOR P�1�1CHealth
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL health@sakm.com EL 17 BETiI GAGAKIS
MAYOR ACTING HF'ALTFi AGENT
May 22, 2019
Marie Correia
PO Box 52
Salem, MA 01970
Dear Sir/Madam:
In accordance with Chapter III, Sections 127A and 127E 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 173 Lafayette Street#1 conducted by Elizabeth Gagakis,Senior Sanitarian on
May 10, 2019 at 10:00am.
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be heard and to present witness and documentary evidence as to why this Order should be'modified or withdrawn.You may be represented by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.
Fort a Bo r of Health Reply to:
`D&d Green of Health
Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: tenant
Certified mail—7017 1450 0001 5936 4067
i A
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH 120 WASHINGTON STREET,4"j P{��1LJ��1��iGi,�r�■{..■
FLOOR Prevent. cHe.Protest.
TEL. (978) 741-1800 FAx(978) 745-0343
KE\IBERLEY DRISCOLL Iramdin�W salem.com
MAYOR I,�1RRY RA��,RS/REHS,CHO,CP-FS
HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Deborah Alexander Owner: Marie Correia
Phone number: (978) 745-2520 Address: PO Box 52
Address: 173 Lafayette St#1 Salem, MA 01970
Salem, MA 01970
Inspection Date: May 10, 2019 Time: 10:00am
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
Specified Time Req._#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 .550 1. Tenant had a complaint of a mouse in the unit.At the time of inspection, a few
mouse droppings were observed in the kitchen. Owner to hire a licensed
exterminator to inspect and treat the unit based on findings; treatments must
continue until problem is abated. Please forward copies of invoices for service to
the Board of Health for our records. Owner to correct this violation within 24-48
hours(a phone call was already made to owner).
One or more of the above violations ma ndanger or materially impair the health, safety and well-being of the occupant(s)
Code Enforcement Inspector
Este es un document legal importan . Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
` `f_EGALf. 9MEDIE$—FOR TENAM O.F RED§WNTIAL HOU..SWOO
t
iF FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS i11lAY US.E IN ORifiER Tt):GEI`HOUSING
)DE VIOLATIONS CORRECTED. f
Rent Witt&lding(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 violations which are serious .enough to
endanger or materially impair your health or safety and that your landlord knew about the violations before you were
behind"rnyour rent.
B. You did.not cause the violations and tlycan f repaired while you continue to live In the building..
C. You are prepared to pay any portion of the rent into court 9 a judge orders you,to pay!it: (For this it is bestto.put the rent
money aside in a safe place.)
Repair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you touse your rent money to make the repairs yourself. if your focal code enforcement
agency Certifies that there are code violations which.endanger or materially Impair your health,safety or welf-being and
your landlord has received written notice&the violations,you may be able to use this remedy. `Cf 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.
Retaliator Rent increases or Evictions"Prolfted(General Laws Chapter186,Section 18 and Chapter 239 Sect 2A).
The owner may not Increase your rent or evict you In retaliation for.maldng'a complaint to your local code enforcement
agency about.co.de violations.�9 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:
Tent Receivership(General Laws Chapter 1 i 1 Section 127C-H).
The occupants andlor 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.
Ireach of Warranty of HabitablIity.
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.
Infairand 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 Shone Community Action Programs Inc. Northeast Housing Court
98 Maim S.bwt 2 Appleton Street.
Peabody,MA 01960 Lawrence,MA GI840 ;
(978)531-0767 (978)689-7833