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' CITY OF SALEM, MASSACHUSETTS lu
BOARD OF HEUTII
98 WASHINGTON STREET,3R"FLOOR Pjb]icHea th
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978)741-1800
KIMBERLEY DRISCOLL healthLa)salem.com Dr1VID GRI;ENBAUM,RS
MAYOR HEALTIi AGENT
January 6,2020
Bianca Welsh
35 Barr Street#2
Salem, MA 01970
VIA CERTIFIED MAIL: 7018 3090 0001 5818 2575
Dear Sir/Madam:
I 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 35 Barr Street#1 permitted by occupant James Burgess conducted by David
Greenbaum, Health Agent on December 23,2019 @ 1:30 p.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 positive action to prevent these violations from occurring 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and documentary evidence as to why this Order should be modified or withdrawn.You may be represented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 avail le to them as outlined in the enclosed inspection report form.
For he B rd Health
David Green aum
Health Agent
cc: Tenant
CITY OF SALEM, MASSACHUSETTS lu
BOARD OF HEALTH
98 WASHINGTON STREET,3RD FLOOR PubliCHealth
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL healdi@salem.com DAVID GREENBAUM,RS
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: James Burgess Phone: 617-293-3655
Lisa Hamel
Address: 35 Barr Street Unit#: 1 Floor: First
Salem, MA 01970
Owner: Bianca Welsh Address: 35 Barr Street#2
Salem, MA 01970
Inspection Date: December 23, 2019 Time: 1:30PM
Conducted By: David Greenbaum Accompanied By: Tenant
Specified Time Reg. #410. Violation(s)
r 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:
14 Days .480 1. The back-entry door does not latch/lock to prevent
unlawful entry. Repair door to lock properly to
prevent unlawful entry.
2. The bathroom wall between the shower and toilet has
14 Days .500 water damage. Owner must investigate the source of
the leak and repair. Re air and repaint the wall.
14 Days .500 3. The same area is missing moldings. Replace all
missing moldings in the bathroom.
14 Days .500 4. The grout in the shower appears to be failing. Re-
grout the shower tiles.
14 Days .500 5. There are holes in the walls and ceiling in the front
hallway. Repair and seal all holes.
24 Hours .482 6. The smoke detector in the bedroom is not working.
Repair the smoke detector to good working order.
7. There appears to be loose/damaged asbestos pipe
14 Days .353 There appears to be loose/damaged asbestos pipe
covering in the basement. Owner to hire a licensed
asbestos abatement contractor to repair or remove
I
any asbestos pe covering in the basement.
8. There is trash and miscellaneous debris in the back
14 Days .600-602 yard. Owner to remove and properly dispose of all
_ trash and debris on the property.
14 Days .351 9. The back outside light is not working. Repair the light
to good working order.
One or more of the above violations may enda ger or materially impair the health, safety and well-being of
the occupant
Code Enforcement Inspector !r ,
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
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