159 BRIDGE STREET ORDER LETTER 7-26-22 t � �i e
' CITY OF SALEM, MASSACHUSETI'S
BOARD OF HEALTH
�� 98 W a<SHINGTON STREET,3RD FLOOR PIlbI1CHP.8Y1
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978)741-1800
KIMBERLEY DRISCOLL hcalth(d salem.com DAVID GRRENBAum,RS
MAYOR HEALTH AGENT
July 26,2022
Western Avenue Real Estate Trust
Fawwaz Abu-Rubyah
144 Western Ave
Cambridge, MA 02139
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 159 Bridge Street#2 conducted by Elizabeth Gagakis,Senior Sanitarian on July
19,2022 at I0:00am.
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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.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.
For the Board of Health Reply to:
David a nb Elizabeth Gagakis
Healt g Senior Sanitarian
cc:. tenant
Certified mail—7021 2720 0000 5479 1476
t
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so,
CITY OF SALEM, IVIA SSACHUSF�I"TS
f BOARD OF HEALTH
�� 98 WASHINGTON STREF..T,3'D FLOOR P1CH
SALEM,MA 01970 Prevent.Promote.Protect.
T'EL. (978)741-1800
KIMBERLEY DRISCOLL healthQ salem.com DAVID GREENBAUM,RS
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards offitness for Human Habitation
Occupant: Mary Rose Owner: Western Ave Real Estate Trust/Fawwaz Abu-Rubyah
Phone number. 774 810-9233 Address: 144 Western Avenue
Address: 6 Pond Street#2 Cambridge, MA 02139
Salem, MA 01970
Inspection Date: July 19, 2022 Time: 10:00am
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
Specified Time Re . #410. Violation(s)
Based upon a tenant complaint, an inspection was conducted in accordance with Article II
of the State Sanitary Code, 105 CMR 410.000. Upon inspection, the following were noted:
3 days 500 1. The roof above the exterior side entrance to the unit is not secured to the exterior
wall and appears to be sinking. Hire services of a licensed contractor to
secure/repair this roof so the entrance and all structural elements are intact and in
safe condition. Owner to correct this violation within 3 days.
7 days .500 2. Window on the second floor of the unit above the porch has a broken bottom sash.
Repair window so it is intact and in proper working condition. Owner to correct this
violation within 7 days.
7 days .551 3. Same window as above is missing a screen. Provide a screen for this window.
Owner to correct this violation within 7 days.
7 days .551 4. Kitchen window over the sink is missing a screen. Provide a screen for this
window. Owner to correct this violation within 7 days.
a r24-48 hours 482 5. There was not a smoke or CO detector observed on the second floor of the unit
(third floor of the building). Provide smoke and CO detectors in compliance with
applicable codes on this floor. Owner to correct this violation within 24-48 hours.
7 days .351 6. One electrical outlet missing a cover in the front bedroom of the unit where the
front door is located. Provide a cover for this outlet. Owner to correct this violation
within 7 days.
One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s)
Code Enforcement Inspector
Este es un document legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
'HE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL.REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
:ODE VIOLATIONS CORRECTED.
Rent Withholding(General Lam Chapter 239 Section 8A)
ff 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 in your rent
B. You did not cause the violations and they can be repaired while you continue to lire In the building.
C. You are prepared to pay any portion of the rent into court N a judge orders you to pay it. (For this it 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 toruse 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 landlord-has received written notice ofAhe violations,you maybe 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 tnwman or Evictions Prohibited(General Laws Chapter 186.Section 16 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. ff the owner raised your rent or tries to evict within six months after you have made the
complaint he or she wilt 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 111 Section 127C-H).
The occupants andt"the board of health may petition the IOistrict 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 con ect the violation. The receiver Is not subject to a spending limitation of four months rent
Breach of Warranty of Habitability.
You may be entitled to sue-your landlord to have all or some of your rent returned if your dwelorig unit does not
meet minimum standards of habitability.
Unfair 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.
1E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT
R TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO
INSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
North Stone Community Action Programs Inc. Northeast Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 I-awrence,MA 01844
(978)531-0767 (978)689-7833