40 Boardman Street #1 Certificate of Fitness Letter 6-19-2019 f' CITY OF SALEM,.MASSACHUSETTS ,
' BOARD OF HEALTH
98 W ASHINGTONS�TREET,3R'FLOOR PubliC�j��
SALEM,1T� A 01970 Preven S.Promote.Protect.
TEL (978) 741-1800
KIMBERLEY DRISCOLL healthl'cr._salem.com DAVID GRL;F_,NBAUNI,RS
MAYOR HEALTH AGENT
June 19, 2019
George Charo's
12 John Street
Marblehead, MA 01945
Dear Sir/Madam:
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 40 Boardman Street#1 conducted by Elizabeth Gagakis,Senior Sanitarian on
June 18,2019 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. 11
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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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.
Fort,4Grn
H h Reply to:
David Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: tenant
Certified mail—7017 1450 0001 5936 4159
" 6 CITY OF SALEM, MASSACHUSETTS
B o.ARD OF HEALTH IV
98 WASHINGTONTT STREET,3m'FLOOR PabcHeaft
1V SALENf, A 019!7 0 Prevent.Promote.Protect.
'ILL. (978)741-1800
KIMBERLEY DRISCOLL health@,salem.com ' DAVLI)GREENBAUM,RS
MAYOR HF AL.TH AGENT
State Sanitary Code, Chapter II : 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant:Jay Dubois Owner: George Charos
Phone number: (413) 335-4350 Address: 12 John Road
Address: 40 Boardman Street#1 Marblehead, MA 01945
Salem, MA 01970 g
Inspection Date:June 18, 2019 Time: 11:00am
ConduFted by: Elizabeth Gagakis Accompanied By: Occupant
Specified Time Reg. #410. Violation
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:
24-48 hours 550 1. Tenant had complaint of mice in the unit: At the time of inspection, a large amount
of mouse droppings were noted throughout the unit. Owner to hire services of a
licensed exterminator to inspect and treat the unit for mice;treatments must
continue until problem is abated. Tenant must comply with any direction or
recommendation from exterminator to assist in eliminating the mice. Owner to
forward invoices for service to the Board of Health for our records. Owner to correct
this violation within 24-48 hours.
7 days .500 2. There is peeling paint on the bathroom ceiling. Scrape and repaint so ceiling is
intact and in good condition. Owner to correct this violation within 7 days.
7 days .500 3. There are tiles missing around the tub and shower in the bathroom with studs
exposed. Wall around tub must be repaired/tiles must be replaced so that all walls
and the tub and shower are intact and in good condition. Owner to correct this
violation within 7 days.
7 days .500 4. Front bedroom has what appears to be water damage under some peeling
wallpaper below the windows. Investigate for any source of moisture and repair so
moisture does not persist: repair/repaint wall so it is intact and in good condition.
Owner to correct this violation within 7 days.
24-48 hours .451 5. There are items being stored. in the front hallway of the building. Owner and tenant
must remove all items and ensure no egress is blocked. Owner/tenant to correct
this violation within 24-48.hours.
24-48 hours .482 6. There did not appear to be any smoke or carbon monoxide detectors in the unit.
Smoke and CO detectors must be provided as required by applicable codes.
Owner to correct this violation within 24-48 hours.
7 days .500 7. Several windows in the livingroom appear to be in disrepair, including one that is
broken and one that does not close properly.Windows must be repaired so they
are intact and work properly. Owner to correct this violation within 7 days.
24-48 hours .354 8. Tenant's hot.water heater appears to be connected to the illegal third floor unit in
this building: Owner must hire services of a licensed plumber to ensure gas is
properly metered for first floor only and any lines to`the illegal unit are removed
from the meter. Owner to forward invoices for service to the Board of Health for our
records. Owner to correct this violation within 24-48 hours.
7 days .351 9. There is exposed electrical wiring in the basement. Owner to hire services of
licensed electrician to repair and properly install/house all wiring in basement.
Owner to forward invoices for service to the Board of Health for our records. Owner
to correct this violation within 7 days.
10. There is no valid certificate of fitness for this unit. In accordance with Chapter 11,
Article XIII of the City of Salem Code of Ordinances, Section 2-334, titled
"Certificate of Fitness," each dwelling unit must be inspected and certified prior to
allowing occupancy. The inspection will be conducted in accordance with 105
CMR 410.000; State Sanitary Code, Chapter 11: Minimum Standards of Fitness
for Human Habitation. Failure to comply with this procedure may result in a
fine of Fifty($50.00) dollars per day for every day that the dwelling unit is
occupied without a Certificate of fitness.
One or more of the above violatio m end Wne 7c"IL
erially impair the health, safety and well-being of the occupant(s)
Code Enforcement Inspector
Este es un document legal importante. de a afecte sus derechos. Puede adquirir una tr
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