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79 Boston Street #1 Certificate of Fitness Letter 10-4-2019 § 4 % $ �- $ \ $ . % / $ m \� . ■ . 0 k k9k8 � o § ( ƒ ƒIBR � gk § c - Q > -� ® � 7 _ � % Z/ I@g 113, O �7n % � - § : 2 E ® $ 2 7 / \ »G )2 2 $ � w # e Om = © agar 2 /� .{. �� � (D o z C3 q _ 'OM a) d O 7 7 _ �A q P # $ 6 � �./ § � � $ § � �q - C3 DOP q OR. � P @ x }[kk�®� }a / - @ mC ( \\mk(7® \\ MR \& m A /CEL L \ } ( q & a / 000 f2TO2m °`7%gmE,2 ® A f o 0 j A! * Z E© / CD3�2 # 2 7 E |� /\ v$ to C) On CD C-1 M 0, 00 0 1t-a C, > -n cn co m >m M �:a > CJ\ 0 C3 Cu Ld n C3 M M LA rq C3 Lam-' r pi u LU C3 ru CON o kn c) N OD C) AA m CIO 0 2 a to m Lif F S; CITY OF SALEM, MtkSSACHUSETTS �'* BOARD OF HEALTH. - 98 WASHINGTON STREET;3't"FLOOR PublicHealth &kLElNf,MA 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health@ .salem.com DAVID GREENB, UNI,RS MAYOR HFs.�l,'rt l Ac,F,NT October 4, 2019 Dean Boucher 13 Arthur Street Salem, MA 01970 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 79 Boston Street#1 conducted by Elizabeth Gagakis,Senior Sanitarian on September 23, 2019 at 9:00am. 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 Greenbaum Elizabeth Gagakis Health Agent Senior Sanitarian cc: tenant Certified mail—7018 3090 0001 5818 2032 � T � I CI I OF SALEM, nA SSACHUSETTS d* BOARD OF HEALTH 98 WASHINGTON STREL,T,3"'FLOOR PublicHealth S1LEM,MA 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health@salem.com D;�viD GR1-,kN13AU--1Nt,RS NLWOR Hip,kj rII AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Damaris Perez Owner: Dean Boucher Phone number: (646) 358-0837 Address: 13 Arthur Street Address: 79 Boston Street#1 Salem, MA 01970 Salem, MA 01970 Inspection Date: September 23, 2019 Time: 9:00am Conducted by: Elizabeth Gagakis Accompanied By: Occupant Specified Time Re��. #410. Violations 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 are two holes in the siding at the bottom corners of entryway to the upper/back door to the unit. All holes must be sealed to prevent entrance/burrowing of pests. Owner to correct this violation within 7 days. 7 days .500 2. There is some staining and cracked plaster under the right window in the master bedroom. Investigate for any leaks that may be present and repair; repair/repaint area below window so wall is intact and in good condition. Owner to correct this violation within 7 days. 7 days .500 3. There are some cracks, staining and possible mildew on the wall beneath the old heater in the hallway to the second level. Investigate for any leaks that may be present and repair; repair any cracks or holes and scrapefrepaint to remove any mildew and ensure wall is intact and in good condition. Owner to correct this violation within 7 days. 7 days .500 4. There is some damaged plaster and soft spots at the edge of the closet area on the right side of the hallway to the second Level. Investigate for any leaks that may be present and repair; repair wall so it is intact and in good condition. Owner to correct this violation within 7 days. r 7 days .500 5. There is a hole in the left corner of the third stair tread in the stairway to the second level. Seal hole so stairs are intact and in good condition. Owner to correct this violation within 7 days. 7 days 500 6. There is staining and what appears to be mold/mildew along the ledge next to the bed on the second level, indicating a leak. Find the source of leak or moisture intrusion and repair to prevent reoccurrence; remove any mold or mildew present and repair paint/plaster so the ledge and wall are intact and in good condition. Owner to correct this violation within 7 days. 7 days .500 7. There is a gap in the ceiling around a junction box above the side entry door in the bedroom on the second level. Seal gaps/make ceiling intact around the junction box so ceiling is in good condition. Owner to correct this violation within 7 days. 24-48 hours .482 8. There was no carbon monoxide detector at the second bedroom. Carbon monoxide detectors are required to be installed within ten feet of every sleeping area. Owner to correct this violation within 24-48 hours. 7 days .500 9. There is a crack in the ceiling near the light in the ceiling and some bubbling paint down the wall at the side of the tub in the bathroom. Investigate for any source of leaks and repair; scrape and repaint any affected area of wall or ceiling so they are intact and in good condition. Owner to correct this violation within 7 days. 7 days .500 10. There are gaps around the pipes of the baseboard heater under the right hand living room window. Seal gaps so floor is intact. 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 Insp ector Este es un document4e ' importante. d `'q i� afecte sus derechos. Puede adquirir una traduccion de esta forma. LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING it 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 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 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 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 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 landlord-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,Inc eases 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 and/or 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 Habitability. 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. )nfair 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 1SULT 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 Lawrence,MA 01840 (978)331-0767 (978)689-7833 .� . � _ .r _� � �- - - - - -