28 Summit Avenue #2 Certificate of Fitness Letter 3-7-2019 USP� 7Rpr_
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IV
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET,YID FLOOR PaliaHeatth
SALEM,MA 01970 Prevent.Promote.Protoot.
TEL. (978)741-1800
KIMBERLEY DRISCOLL healthl�7ue.salem.com EI,I7�ABETH GAGAKIS
MAYOR ACTING HEALTH AGENT
March 7,2019
RCG, LLC
76 Lafayette Street#203
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 28 Summit Ave#2,conducted by Elizabeth Gagakis,Senior Sanitarian on
February 21,2019 at 2:00pm.
Notice: if this rental unit is occupied by a child or children under the age of 6 years,it is the properly 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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may represented by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.
l
For he ffnum\
f ealth Reply to:
11
Davi G - Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: tenant
Certified mail—70171450 0001 5936 4043
4DCITY OF SALEM� MASSACHUSETTS lu
BOARD OF HEALTH
120 WASHINGTON STREET,4"i FLOOR Pubic
e.Protect.
TEL. (978)741-1800 FAx(978)745-0343
KIMBERLEY DRISCOLL lramdin salem.com
MAYOR LARRY RAIvIDIN,RS/RFHS,CHO,CP-FS
HE<1LTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Nora Rievas Owner: RCG, LLC
Phone number: (781)469-5253 Address: 76 Lafayette St#203
Address: 28 Summit Ave#2 Salem, MA 01970
Salem, MA 01970
Inspection Date: February 11, 2019 Time: 2:00pm
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
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:
7 days .500 1. Tenant had complaint of leaking in several rooms in her unit. At the time of
inspection, stains were noted on the ceiling and baseboards of one front bedroom
and staining and cracking were noted on the livingroom ceiling, indicating a leak
exists. Owner to investigate source of leak and repair so it does not reoccur; any
moisture or mold caused by leaking must be remediated properly and affected
areas scraped/repainted so all ceilings are intact and in good condition. 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
r
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 Laws Chapter 239 Section 8A)
If Code Violations Are Not Being Corrected, you may be entitled to hold back your refit payments. You can do this
without being evicted If:
A. You can prove that your dwelling unit or common areas contain.code violations whkh 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 am prepared to pay any portion of the rent into court If a judge orders you to pay,iL (For this R 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 bea[tt,safety or well-being and
your landlord.has received written notice ofzthe violations, you maybe able to use this remedy, if the owner fails to
begin necessary repairs .(or to enterInto a written contract to have them made) within five days after notice or to
complete repairs within 14 days after notice you can use tip to four months rent In'any year to make the repairs,
Retaliatory Rent increases or Evictions Protu'b ted(General Laws Chapter'186.Section 18 and Chapter 239.Section 2A),
The owner may not Increase your rent or evict you 1n retaliation.for maidng 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
eas
complaint he or she will have to show a good reason for the Incre oreviction 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 Section127CH).
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[Imitation 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 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 the consumer protection act and regulations for which you
may sue an owned
IE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARYOF THE LAW.BEFOREYOU DECIDE TO WITHHOLD YOUR RENT
I TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO
?NSUL:T AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH I&
North Shore.Community Action Programs Inc. Northeast Housing Court
98 Main Street 2 Appleton Street r
Peabody,MA 01960 Lawrence,'MA 0184Q. I
(978)531-0767 (978)689-7833