40R Highland Ave #311 Certificate of Fitness Letter 9-1-2022 —r
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R E C E I V ED CITY OF SALEM
" BOARD OF HEALTH
98 WASHINGTON ST,3RD FL
SEP 0 S 202 SALEM,MA 01970
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:CONDITi�_
' . CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET, 3RD FLOOR PublicHpalth
SALEM, MA 01970 Prevent.Promote.Protect.
MMBERLEY DRISCOLL TEL. (978) 741-1800 DAVID GREENBAUM, RS, CHO
MAYOR health@salem.com HEALTH AGENT
September 1,2022
Fairweather Preservation Associates
Limited Partnership
40R Highland Avenue
Salem,MA 01970
VIA CERTIFIED MAIL: 7021 2720 0000 5479 1551
EMAIL
Dear Sir/Madam:
In accordance with Chapter 111,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 40R Highland Avenue#311 permitted by representatives of occupant William
Phillips conducted by David Greenbaum,Health Agent on September 1,2022 @ 11:00a.m.
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and documentary evidence as to why this Order should be modified or withdrawn.You may be represented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- a Bo. ,f He�altjh
i Green aum
Health Agent
cc: Christian Phillips,VIA Email
��ONUIT
n
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET, 31iD FLOOR PublicHealth
SALEM, MA 01970 Prevent.Promote.Protect.
KIMBERLEY DRISCOLL TEL. (978) 741-1800 DAVID GREENBAum, RS, CHO
MAYOR health@salem.com HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: William Phillips Phone: 978-778-4666
C/o Christian and Renee Phillips
Address: 40R Highland Avenue Unit#: 311 Floor: 3rd
Salem, MA 01970
Owner: Fairweather Preservation Associates Address: 40R Highland Avenue
Limited Partnership
Salem, MA 01970
Inspection Date: September 1, 2022 Time: 11:00 AM
Conducted By: David Greenbaum Accompanied By: Christian and
Renee Phillips
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:
24 Hours .190 1. There is evidence of both a mouse and bedbug
infestation in this unit. Owner to hire licensed pest
control operator and exterminate this unit for both
mice and bedbugs as often as necessary to abate
both nuisances.
One or more of the above violations y endan r 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 adquiriruna
traduccion de esta forma.
LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
CODE VIOLATIONS CORRECTED.
1. 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.)
2. 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.
3. 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.
4. Rent Receivership(General Laws Chapter 111 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.
5. Breach 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.
6. 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.
THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD YOUR RENT
OR TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO
CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
North Shore Community Action Programs Inc. Northeast Housing Court
119 Rear Foster Street, Building 13 2 Appleton Street
Peabody, MA 01960 Lawrence, MA 01840
(978) 531-0767 (978)689-7833
www.nscap.org
David Greenbaum
From: Sharon Felton
Sent: Monday, August 29, 2022 3:50 PM
To: David Greenbaum; Elizabeth Gagakis
Subject: fyi
Hi...I just spoke with Renee Phillips (781-626-0229).
She states her father(William Phillips of OR Highland Ave#311/978-778-4666)has not only bed bugs but
mice and roaches.
We discussed how she can file an elder at risk in hopes it will be opened and assistance in finding him another
unit would be available.
She also mentioned she is trying to reach the BOH for guidance also.
I'm sure you are aware of what is going on at Fairweather and any suggestions would be greatly appreciated.
Thanks Sharon
Sharon Felton, LSW
Social Service Coordinator
Salem Council on Aging
401 Bridge Street
Salem, MA 01970
978-744-0924 x43013
sfeltonCwsalem.com
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