13 Willow Avenue #1 Certificate of Fitness Letter 3-1-2019 .:�
' CIT'Y OF SALEM, MASSACHUSETTS IV
BOARD OF HEALTH
98 WASHINGTON STREET,3RD FLOOR %Nc
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL health[cii.salem.com ELI7-ABETH GAGAKIS
MAYOR ACTING HEALTH AGENT
March 1,2019
Michael Reiter
13 Willow Ave
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 13 Willow Ave#1,conducted by Elizabeth Gagakis, Senior Sanitarian on January
29,2019 at 11:00am.
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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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 he Boa �f Health Reply to:
�D vi n aum Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: tenant
Certified mail-70171450 0001 5936 4029
CITY OF SALEM, MASSACHUSETTS 10
4P BOARD OF HEALTH
120 WASHINGTON STREET 4'nl FLOOR PubhcHealth
Prevent.Promote.Protect.
TEL. (978) 741-1800 FAx(978)745-0343
KIMBERLEY DRISCOLL lramdin@salem.com
MAYOR I..ARItY RAMDIN,RS/REHS,CHO,CP-FS HEAL TH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Michael Luippold Owner: Michael Reiter
Phone number: (978) 766-7310 Address: 13 Willow Ave
Address: 13 Willow Ave#1 Salem, MA 01970
Salem, MA 01970
Inspection Date: January 29, 2019 Time: 11:00am
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 11 of the State Sanitary Code, 105 CMR 410.000. Upon inspection, the following
were noted:
7 days .354 1. Tenant had complaint of cross metering of gas in his unit.At the time of inspection
and with confirmation from plumbing inspector, it was observed that the first floor is
supplying gas for the washing machine in the basement. Common fixtures that are
not under the exclusive use of one unit must be supplied through a house meter
and may not be metered to any one unit; washer must be removed from first floor's
gas service. 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 imports e. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
NE 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 dw> ing unit or common areas contain:code violations wilds 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 bunding.
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 Muse;your rent money. to make the repairs:yourself. if your.locai code enforcement
agency certifies that there.are code violations which endanger or matorially-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 fourmonths rent In'any.year to make the repalrs.
Retarratory Rent Increases or EvMns'ProtdHed(General Laws Chapter`ft Section-18 aM 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 wM6,Is unrelated to your complaint.
You may be abler to sue the landlord.for the damages If he orshe tries this.
Rent Receivership(General Laws Chapter 111 Section 127C-H):
The occupants andlor the board of health.may petition the District or Superior Court to allow resat 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 tsubject to a spending lifillwon.of four months rent.
Breach of Woman of HabitalAity..-
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.
Unfair and Deceptive Practices(General Laws Chapter 93A).
Renting an apartment with code violations is a violation of tie consumer protection act and regulations for which you
may sue an owner.-
iE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW:8EFORE:YOU DECIDE TO WITHHOLD YOUR RENT I
I TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YQU CANNQT.AFFORO TO
)NSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST`LEGAI.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)531-0767 (978)669-7833 f
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