39 Ocean Ave #1 { b
CITY OF SALEM, MASSACHUSETTS lu
BOARD OF HEALTH
98 W ASHINGTON STREET 312D FLOOR PL1blICHP� t.
f Prevent.Promote,Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL healthasalem.com
D,1VID G1tEENBAUM,RS
MAYOR Hl-'IALTH AGENT
December 6,2021
Veronica Lujan
7 Willis Road
Peabody,MA.01960
Dear Sir/Madam
In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.000;
State Sanitary Code,Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code,
Chapter 11:Minimum Standards of Fitness for Human Habitation,an inspection was conducted of the property 39
Ocean Avenue#1 permitted by occupant Debra Crosby conducted by Janice Duhaime,Sanitarian on December
6,2021 at 3:00 pm.
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evidence as to why this Order should be modified or withdrawn.You may be represented by an attorney.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 the oard of Health Reply o:
6
Dav' e I Janice Duhaime
Health Agent Sanitarian
cc: Tenant
40't CITY OF SALEM, MASSACHUSETTS
40 BOARD OF HEALTH
98 W ASHINGTON STREET,3RD FLOOR PublicHeslth
Prevent.Promote.Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL health@salem.com
DAv]D GREENBf1UIvI,RS
MAYOR HEALTH AG] NT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Debra Crosby Occupant Phone:(781) 910- 4083
Occupant Address: 39 Ocean Avenue
Salem, MA. 01970
Owner Address: 7 Willis Road Owner/Manager: Veronica Lujan
Peabody, MA. 01960
Inspection Date: December 6, 2021 Inspection Time: 3:00 pm
Conducted By: Janice Duhaime 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:
24 Hours .500 Basement has sewage backup. Clean/sanitize basement floor, and repair leak.
Owner has 24 hours to correct violation.
24 Hours .500 Bathroom has a hole on the ceiling. Repair ceiling and add a bathroom vent or
repair window so that its able to open and close as intended. Owner has 24
hours to correct violation.
N/A N/A Owner has 30 DAYS to correct all violations listed in this report. Owner must
start making good-faith effort(reporting to the Salem Board of Health what
actions will be taken in writing, hiring contractors that may be needed, or starting
necessary work on his/her own)within the time frame noted beside each
violation and within each violations' description.
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 importante. Puede que afecte sus derechos. Puede adquiriruna 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 Chapter239 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 prm that your dwelling unit or common areas contain code violations whim 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 white you continue to five in the bulding.
C. You are prepared'to pay any portion of the vent into court N a'judge orders you to pay it (For this it is best to put the rent
money aside in a safe plaoe.)
Repair and Deduct{General Laws Chapter 111 Section 127L)
The law sometimes allow you W,,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 iandlotet.has received written notice, of--the violations,you may be able to use this remedy. if the owner fails to
Win 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.
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 c ode 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.
Rent Rece mstup(General Laws Chapter 111 Section 127CGH).
The occupants andfor 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
Breach of Warranty of HabitabrTity-.
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 owner.,
tE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT
T TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO
)NSULTAN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
North Shore Community Action Programs Inc. Northeast Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 Lawrence,MA 01640
(978)531-0767 (978)689-7833