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159 BRIDGE STREET - HOUSING ORDER LETTER ,U l Cl) i ■ ■ ■ ƒ \ � � S E \�) } �ƒ � - ] ; a _ E ^ =0 go, Q o co 0 22 � . q ƒ �/ ƒ( I C , C _ C § = - � \ « � =a222 w § � \ 2 � 2 \ \ / }[ / . � ] � 0 � Z� � onm � } k / ' k/ & g = ®� -° o / �_ ' go3 0 % ® —_ Li o 6 f § M � / k § Ln p (D a w Ir 62c ❑2m Ln @nn a � - Ayy R § x _ `3& q ///ƒ' . / ,� » } 4� ( Cl)« \ }\) �\ \ . $)# - CL /`g am A 7 ° % z■ § E , ,Kalo¥z t E= o 000 Ef ) �@1F=H bmT _ & .�emaE�. m9 p } \\._R\}/ e\ O❑ 7°` £E§ z 4 { > > . $ }// / ;;7 e.e = » CD k00 k } Q . . & 3 § o� Lrl o Dn CA) .M co N OO O 5.�. o 0 CD w ni =D N m � m rLi 0 � CD M - � �. C ni '"' G) v C3 CA .a m o w w 0 0 > 00 Q e_ Y � 21 > r � � 1x3 m Z r a o a y N_ x + A CD I 3 - CD-CD � - — - Q o Q0'coo o -n j7 m m o w = - m a k CITY OF SALEM, MASSACHUSETTS 1 � 1 BOARD OF HEALTH 98 WASHINGTON STREET,31iD FLOOR SALEM,MA 01970 TEE. (978)741-1800 DOMINICK PANGALLO health@salem.com DAVID Gi ENBAUM,RS,CHO MAYOR HEALTH AGENT June 29, 2023 Western Avenue Real Estate Trust Fawwaz Abu-Rubyah 144 Western Avenue Cambridge, MA 02139 Dear Sir/Madam: In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, a re-inspection of your property located at 159 Bridge Street#2 was conducted by David Greenbaum, Health Agent and Elizabeth Gagakis, Senior Sanitarian of the Salem Board of Health on June 29, 2023. All outstanding violations noted in inspection reports dated July 26, 2022, September 22, 2022, October 19, 2022, and March 13, 2023, have been corrected. Thank you for your cooperation in this matter For the Board of Health, Reply to. I 1 David Green aum Elizabeth Gagakis Health Agent Senior Sanitarian ■ . e • . \ / § 2 $ ° S % = 00 7 k _ \ \/ k j /2 ° § G ; $ o \ k kG&_ 7 § 2 k ru � o k/ * # = _ c _ � - eJ }w , § q \ f \ EJ% K k }� m CD o@ o ' 90 t o7 � � � \_ m C R � & % C, Ln ¢ § s � ooeooER y R222##cn m @ - : � _- ��� m - , � !\iF, ƒ }\ ( i ' D 22&s»» © ���a�■ � ■ § k � CL - CL } \ ' � o eo 00 Vo a e k[ �� 0� � ' B g $o�#��7 I.� s©$ ~ \ o%(OAK/� ¥ O O g O Ogg 99 [ z« R 2 CD / # . k00 � CD a) �" M �y p O 0 Z c CD _a -n, m C N ro C a m rG 02 --i CD M Lre CL G) n) oo O r,: -p r CL , CA W 2: -fi O 0 0 croi o N w m m N =D - W W a C -n T_ N 0" -" 0 a N '0 ID ja.i ti 4i Z fD N O O 0 y TI • !a N v O cn - N C. CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,3'D FLOOR NbHcHCdt1 SALEM,MA 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health&salem.com DAVID GREENBAUM,RS MAYOR HEALTH AGENT July 26,2022 Western Avenue Real Estate Trust Fawwaz Abu-Rubyah 144 Western Ave Cambridge,MA 02139 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 159 Bridge Street#2 conducted by Elizabeth Gagakis,Senior Sanitarian on July 19,2022 at 10:00am. 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 the Board of Health Reply to: David a nb Elizabeth Gagakis Healt g Senior Sanitarian cc: tenant Certified mail—7021 2720 0000 5479 1476 CITY OF SALEM, MASSACHUSETTS 1 ! BOARD OF HEALTH 98 WASHINGTON STREET,3'D FLOOR PubficHealth SALEM,MA 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL healthy?salem.com DAVID GREENBAUM,RS MAYOR HEALTH AGENT State Sanitary Code, Chapter 11: 105 CM R 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Mary Rose Owner: Western Ave Real Estate Trust/Fawwaz Abu-Rubyah Phone number: 774 810-9233 Address: 144 Western Avenue Address: 6 Pond Street#2 Cambridge, MA 02139 . Salem. MA 01970 Inspection Date: July 19, 2022 Time: 10:00am Conducted by: Elizabeth Gagakis Accompanied By:Occupant Specified Time Req. #410. Violations) Based upon a tenant complaint, an inspection was conducted in accordance with Article II of the State Sanitary Code, 105 CMR 410.000. Upon inspection, the following were noted: 3 days .500 1. ' The roof above the exterior side entrance to the unit is not secured to the exterior wall and appears to be sinking. Hire services of a licensed contractor to Jfr secure/repair this roof so the entrance and all structural elements are intact and in (O� y safe condition. Owner to correct this violation within 3 days. 7 days .500 2. Window on the second floor of the unit above the porch has a broken bottom sash. / Repair window so it is intact and in proper working condition. Owner to correct this V/ violation within 7 days. 7 days .551 3. Same window as above is missing a screen. Provide a screen for this window. Owner to correct this violation within 7 days. 7 days — .551 4. Kitchen window over the sink is missing a screen. Provide a screen for this window. Owner to correct this violation within 7 days. Y 24-48 hours .482 5. There was not a smoke or CO detector observed on the second floor of the unit (third floor of the building). Provide smoke and CO detectors in compliance with / applicable codes on this floor. Owner to correct this violation within 24-48 hours. 7 days .351 6. One electrical outlet missing a cover in the front bedroom of the unit where the front door is located. Provide a cover for this outlet. Owner to correct this violation Jwithin 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 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$A) 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. i 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.) Repair and Deduct(General Laws Chapter 111 Section 127L) The law sometimes allow you to,use your rent money to make the repairs yourself. ti your local code enforcement agency certifies that there are code violations which endanger or materially Impair your health,safety or welt-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 there 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 inaeases or Evictions Prohibited(Genera!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. Rent Receivership(General Laws Chapter 111 Section 127C-Ii). 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. Breach of WanaMy of Habttablf ... You may be entitled to sue-your landlord to have ail 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 . J TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO INSULT AN 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 01840 (978)531-0767 (978)689-7833 i/ f CITY OF SALEM, N.[ASSr1CHUSET'I'S BOARD OF HEALTH 98 WASHINGTON STREET,3RD FLOOR Pt1�1C$e81th SALEM,MA 01970 Prevent.Promote.Protect. 'ILL. (978)741-1800 KIMBERLEY DRISCOLL health,d salem.com DAVID GRI-mNBAUM,RS MAYOR HL,�LIE AGENT July 26,2022 Western Avenue Real Estate Trust Fawwaz Abu-Rubyah 144 Western Ave Cambridge, MA 02139 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 159 Bridge Street#2 conducted by Elizabeth Gagakis,Senior Sanitarian on July 19,2022 at 10:00am. 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 possesslon 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 Board of Health Reply to: David a nb Elizabeth Gagakis Healt g Senior Sanitarian cc: tenant Certified mail—7021 2720 0000 5479 1476 CITY OF SALEM, MASSACHUSE'I"I"5 BOARD OF HF—AI.TH 98 WASHINGTON STREF.T,3'D FLOOR PubficHedth SALEM,Mtk 01970 Prevent.Promote.Protect. TEL. (978)741-1800 KIMBERLEY DRISCOLL health asalem.com DAVID GIIEENBAuM,RS MAYOR HFALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Mary Rose Owner: Western Ave Real Estate Trust/Fawwaz Abu-Rubyah Phone number: 774 810-9233 Address: 144 Western Avenue Address: 6 Pond Street#2 Cambridge, MA 02139 Salem, MA 01970 Inspection Date: July 19, 2022 Time: 10:00am Conducted by: Elizabeth Gagakis Accompanied By: Occupant S ecified Time Re_ #410. Violation(s) Based upon a tenant complaint, an inspection was conducted in accordance with Article II of the State Sanitary Code, 105 CMR 410.000. Upon inspection,the following were noted: 3 days .500 1. The roof above the exterior side entrance to the unit is not secured to the exterior wall and appears to be sinking. Hire services of a licensed contractor to secure/repair this roof so the entrance and all structural elements are intact and in safe condition. Owner to correct this violation within 3 days. 7 days .500 2. Window on the second floor of the unit above the porch has a broken bottom sash. Repair window so it is intact and in proper working condition. Owner to correct this violation within 7 days. 7 days .551 3. Same window as above is missing a screen. Provide a screen for this window. Owner to correct this violation within 7 days. 7 days .551 4. Kitchen window over the sink is missing a screen. Provide a screen for this window. Owner to correct this violation within 7 days. L - - .24-48 hours .482 5. There was not a smoke or CO detector observed on the second floor of the unit (third floor of the building). Provide smoke and CO detectors in compliance with applicable codes on this floor. Owner to correct this violation within 24-48 hours. 7 days .351 6. One electrical outlet missing a cover in the front bedroom of the unit where the front door is located. Provide a cover for this outlet. 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 importante. 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 :OC}E VIOLATIONS CORRECTED. Rent tlYdhholding(feral 12M 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 prove 9W your dwelling unit or common areas contain code violations which am serious enough to endanger or mateddy 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 wile you continue to live In the building. C. You are prepared to pay any portion of the rent into coud 9 a judge orders you to pay it (For Ibis 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 tQ.Xe 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 Iandlord.has received written notice of 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. Retaliatory Rent Increases or Evielions Prohibited(General taws Chapter 186.Sedron 16 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. 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 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 HabitabrTdy. You may be entitled to sue-your landlord to have all or some of your rent returned if your dwellirig 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. iE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT . R TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO )NSULT AN 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 01840 (978)531-0767 (978)689-7833 .s ftit CITY OF S_J-.,FNI, MASSACHUSETTS .�� B0.1RD()FHEAL'rl-1 98 WASHINGTON, STREET,3"°FLOOR 1l bficHealth SALEM,NIA 01970 Prevent.Promote.Protect. TEL. (978)741-1800 KIMBERLEY DRISCOLL healdi(a salem.com D.1�'ll�GRls�:NH:�I 1t,RS KkYOR Hr.11;171 A(�1'sNT August 31, 2022 Fawaz Abu-Rubyah 144 Western Ave Cambridge, MA 02139 Dear Sir/Madam: In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, a re-inspection of your property located at 159 Bridge Street#2 was conducted by Elizabeth Gagakis, Senior Sanitarian of the Salem Board of Health on August 25, 2022. At the time of inspection it was noted that the following items have not been corrected: #3&#4—missing screens; owner installed expandable screens,which do not satisfy the requirements of the code. Provide a full screen for both windows—screens must be installed between April 1 and October 30, both inclusive, every year. All other items noted in the inspection report of July 26, 2022 have been corrected. Thank you for your cooperation in this matter. For t! e B of Health, Reply to: Elizabeth Gagakis Health Agent Senior Sanitarian ; CITY OF SALEM, MASSACHUSETTS al BOARD OF HEALTH 98 WASHINGTON STREET,3"'FLOOR P1b1lCHealth SALEM,MA 01970 Prevent.Promote.Protect. TEL. (978)741-1800 KIMBERLEY DRISCOLL h_e_aIthfEt+saIem.com DAVID GREENBAum,RS,CHO MAYOR HEALTH AGENT October 19, 2022 Fawaz Abu-Rubyah 144 Western Avenue Cambridge, MA 02139 VIA Certified mail—7021 2720 0000 5483 5194 Dear Sir/Madam: In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 106 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 169 Bridge Street#2 conducted by Elizabeth Gagakis,Senior Sanitarian and David Greenbaum, Health Agent,on October 6,2022 at 2:00pm. 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 t Bch of Health Reply to: �vid Greenbaum Elizabeth Gagakis Health Agent Senior Sanitarian cc: tenant II r� CITY OF SALEM, MASSACHUSETTS BO.-�RD OF HE1ILTH 98 W ASHINGTON STREET,3RD FLOOR PublicFjealth SALEM,MA 01970 Prevent.Promote.Protect, TEL. (978)741-1800 KIMBERLEY DRISCOLL healthct'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: Mary Rose Owner: Fawaz Abu-Rubyah Phone number: 774-810-9233 Address: 144 Western Ave Address: 159 Bridge Street#2 Cambridge, MA 02139 Salem, MA 01970 Inspection Date: October 6,2022 Time: 2:00pm Conducted by: Elizabeth Gagakis Accompanied By:Occupant Specified Time Reg.#410. Violation(s) Based upon a tenant complaint, an 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 .190 } 1. Tenant had complaint of hot water being too hot.At the time of inspection, hot water was measured to be at a temperature of 145 degrees Fahrenheit. Owner must provide hot water at a temperature no less than 110 degrees F. and no higher than 130 degrees F:turn hot water down so it is between these values. Owner to correct this violation within 2448 hours. One or more of the above violations may endanger r materially impair the health, safety and well-being of the occupant(s) Code Enforcement Inspector Este es un document legal importante. Puede que a*pt6 sus derech ede dquirir 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 dwelling unit or common areas contain code violations which are serous 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. 8. 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.) Repair and Deduct(General Laws Chapter 111 Section 127L) The law sometimes allow you tQ,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.ofAhe 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. Retar'iaoory Rent Irxxeases or Evictions Pmtulded(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. ff 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 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. Breach of Warranty of Hab bbilrly 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. 1E INFORMATION PRESENTED ABOVE iS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT 3 TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO )NSULT AN 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 01840 (978)631-0767 (978)689-7833 CITY OF SALEM, MASSACHUSETTS 10 ' BOARD OF HEALTH 98 WASHINGTON STREET, 3"D FLOOR Pub&Health SALFM, MA 01970 Prevent.Promote.Protect. KIMBF,RI.EY DRISCOLL TEL. (978) 741-1800 DAVID GREENBAUM, RS, CHO MAYOR health@asalem.com HEALTH AGENT December 12, 2022 Western Avenue Real Estate Trust Attn: Fawaz Abu-Rubyah 144 Western Avenue Cambridge, MA 02139 Dear Sir/Madam: In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, a recent reinspection was conducted of your property located at 159 Bridge Street#2,conducted by David Greenbaum, Health Agent and Jeffery Barosy,Sanitarian of the Salem Board of Health on December 5,2022. At that time the following violations from the report dated September 16, 2022 were still outstanding: Item#1: Bedroom off living room lacks covers for outlets. Provide covers for outlets in this room. Item#2: Bedroom off the living room has smoke detector that can't stay in its designated spot as designed. Repair the smoke detector so it can stay attached to the ceiling in its designated spot as designed Item#5: The front common stairway has a smoke detector that does not work. Repair this smoke detector. Item#7: The kitchen window above the sink has a top sash that does not fit in its frame properly, allowing it to sag and leaves gaps around the window. Repair the window so sashes open and close with ease and are weather tight when closed. Item#8: Kitchen walls above the cabinets show signs of water damage with warped wallpaper. Find cause of water leak and repair/ Repair warped wall paper. Item#9: Hot water in kitchen sink has a temperature of 1550. Adjust the hot water so that it maintains a temperature between 110*4300F. Please correct the outstanding violations within 7 days and contact this office to schedule a final re- inspection of this apartment. All other violations noted in the inspection report of September 16,2022 have been corrected. Thank you for your cooperation in this matter. Forte Boar of Health ®avid J. Greenbau Health Agent y .. CT`l- Or SALEM MASSACHUSETTS BOARD Or HEALTH PubliCHealth 98 WASHINGTON STREET,3'O FLOOR Prevent.Promote.Protect. TEL. (978)741-1800 KIMBERLEY DRISCOI.I, health(e salcm.Com DAVIT)GRIif;NLiAWNI,RS MAYOR HEAi.Ti I AGI:N,r September 22,2022 Western Avenue Real Estate Trust Attn:Fawwaz Abu-Rubyah 144 Western Avenue Cambridge,MA 02139 VIA CERTIFIED MAIL: 7012 2720 0000 5479 1605 Dear Sir/Madam: In accordance with Chapter 111,Sections 127A and 127E 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 159 Bridge Street Unit 2 permitted by occupant Mary Rose conducted by Jeffrey Barosy,Sanitarian on September 16,2022 at 9:00am. 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 i,a Boa of Health Re y To: David Greenbaurtr. 1 J . re" y aF�J rosy Health Agent Sanitarian cc: Tenant • t 1 CITY OF SALF.M MASSACHUSETTS \ `` `J BO.-�RD OF HE- LTH • ' (gyp��W� 2 PublicHealth 8' <xsuiINGTON STREET,Jim FLOOR Prevent.Promote.Protect. TEL. (978)741-1800 KUMBERLEY DRISCOLL health Cii salem.com DAv iD GRFENHA UA4,ftS ti1AYOR HEALTH AC;FNT State Sanitary Code, Chapter 11: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Mary Rose Occupant Phone: 774-810-9233 Occupant Address: 159 Bridge Street Unit 2 Salem, MA 01970 Owner Address: 144 Western Avenue Owner/Manager: Western Avenue Real Estate Cambridge, MA 02139 Trust Attn: Fawwaz Abu-Rubyah Inspection Date: September 16, 2022 Inspection Time: 9:00am Conducted By: Jeffrey Barosy Accompanied By: Occupant (Mary Rose) Specified Time Re #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 Ins:ection the following were noted: _ 7 Days .351 1. Bedroom off living room lacks covers for outlets. Provide covers for -� outlets in this room. Owner has 7 DAYS to start making a good-faith effort to correct violation. 7 Days .482 2. Bedroom off living room has a smoke detector that can't stay in its designated spot on the ceiling. Repair smoke detector so it can stay attached to the ceiling in its designated spot as designed. Owner has 7 DAYS to start making a good-faith effort to correct violation._ 24 Hours .451 The doorway leading from the living room to the room where the front egress is located is locked. Remove the lock from this doorway's door so access to the front egress remains unobstructed. Owner has 24 HOURS to start making agood-faith effort to correct violation. 7 Days .501 'on top floor the window in the storage room to the left of the stairs when v walking upstairs has a window with a missing bottom sash. Provide a bottom sash for this window. Owner has 7 DAYS to start making a good- faith effort to correct violation. 7 Days .482 5. The front common stairway has smoke detector that does not work. 750 (N) Repair this smoke detector. Owner has 7 DAYS to start making a good- faith effort to correct violation. The City's Fire Department has been notified. 7 Days .500 6. In the front common stairway, the door leading to outside is surrounded by glass panels. A few of these glass panels are either broken or cracked. Repair broken and cracked glass panels. Owner has 7 DAYS to _ start makin;; a ;ood-faith effort to correct violation. 7 Days 1 .501 — 7. Kitchen window above sink has top sash that does not fit in its frame _promo erly, allowin.: it to sag and leave a gap near the top of the window. Repair window so sashes open and close with ease and are weather tight when closed. Owner has 7 DAYS to start making a good-faith effort _ to correct violation. 24 Hours .500 8. Kitchen walls above cabinets show signs of water damage with warped wallpaper. Find cause of water leak and repair. Repair warped wallpaper. Owner has 24 HOURS to start making a good-faith effort to correct violation. _ 7 Days 190 9. Hot water in kitchen sink has a temperature of 138*F. Hot water in bathroom sink has a temperature of 134*17. Re-adjust hot water so that it sustains temperatures between 110*F and 130*F. Owner has 7 DAYS to start making_a good-faith effort to correct violation. _ N/A 10. Owner has 30 DAYS to correct all violations listed in this report. Owner N/A 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. Pue e e " cte sus der' hos. Puede adquiriruna traduccion de esta forma. i f < 1 < - w ' a r Y f • I I � 1 r 14 ' f. _a r 1 t I R 1+ _ N . - � �`_',•Fr _� fib/\ �'• 1 ' r 1 Z CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 10 98 WASHINGTON STREET, 3R11 FLOOR Pubij,CHPaltl SALEM, MA 01970 Frevent.Promote.Protect. KIMBERLEY DRISCOLL TEL. (978) 741-1800 DAVID GREENBAUM, RS, CHO MAYOR health@salem.com HEALTH AGENT t December 12, 2022 Western Avenue Real Estate Trust Attn: Fawaz Abu-Rubyah 144 Western Avenue Cambridge, MA 02139 Dear Sir/Madam: In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, a recent reinspection was conducted of your property located at 159 Bridge Street#2,conducted by David Greenbaum, Health Agent and Jeffery Barosy,Sanitarian of the Salem Board of Health on December 5,2022. At that time the following violations from the report dated September 16, 2022 were still outstanding: 1 Item#i: Bedroom off living room lacks covers for outlets. Provide covers for outlets in this room. Item#2: Bedroom off the living room has smoke detector that can't stay in its designated spot as r t- designed. Repair the smoke detector so it can stay attached to the ceiling in its designated spot as designed Item#5: The front common stairway has a smoke detector that does not work. Repair this oke detector. Item 07: The kitchen window above the sink has a top sash that does not fit in its frame properly, allowing it to sag and leaves gaps around the window. Repair the window so sashes open and se with ease and are weather tight when closed. Itemft Kitchen walls above the cabinets show signs of water damage with warped wallpaper. d cause of water leak and repair/ Repair warped wall paper. Item#9: Hot water in kitchen sink has a temperature of 1550. Adjust th hot water so that it maintains a temperature between 1100-1300F. _-, Please correct the outstanding violations within 7 days and contact this office to schedule a final re- inspection of this apartment. All other violations noted in the inspection report of September 16,2022 have been corrected. Thank you for your cooperation in this matter. Fort a Boar of Health avid J. Greenbaur-""i Health Agent COMMONWEALTH OF MASSACHUSETTS Essex, ss. NORTHEAST HOUSING COURT 221177CV000303 SALEM BOARD OF HEALTH, ) PLAINTIFF, ) VS. ) FAWWAZ ABU-FUBYAH, ) DEFENDANT. AGREEMENT TO CONTINUE NOW COME the parties in the above captioned matter who stipulate as to the following to be entered as an order of this Honorable Court. 1. The Hearing.on Plaintiff's Motion for Preliminary Injunction shall be continued from Thursday January 26, 2023, at 9 am until Thursday February 23, 2023, at 9 am. 2. On or before Monday February 6, 2023, Violations 7 and 8 Pertaining to the September 16, 2022 violation notice will be remedied pursuant to the contract provided by the Defendant, Fawwaz Abu-Rubyah, to the Plaintiff, Salem Board of Health. Respectfully Submitted, Respectfully Submitted, Salem Board of Health Fawwaz Abu-Rubyah Plaintiff Defendant By his Attorney Rk.A-L /s/Austin J. Birch David Greenbaum Austin J. Birch Health Agent Law Office of Jack P. Milgram 21 McGrath Highway#203 Quincy, Ma. 02169 AustinJamesBirch@gmail.com 617.233.8642 BBO# 708958 1 "M id 0 Date Filed:1/11/2023 4:10 PM ,C! -H S4 � Housing-Northeast! 4J X O (1) N Docket Number:22H77CV000303 y� - -I �4 ;� Q3 �4 -P f I:: rn O `1 i a) a) a) 3 ✓ ° � CD14iic�t�NE,AUR QP MASSACHUSETTS, �4 +-> . rs N _P U N o z m a zs Essex,.&s. NORTHEAST JIGUSM COURT 4' 1 U) H221177CV000303 H ° ° RECEIVED &41EM BOAPW OF HEALT'I-h, i o > , v A PLAN* JAN 3 0 2023 Vs, CITY OF SALEM .H O BOARD OF HEALTH u v ai FAR AZ ABU-FUBYAH;, } 4J (0 ( a DE)+`ENDANT 1 O rn O N a i •ri $a4 O W 4 STR TION 4-I 4-) O 4a U a) .P M U) r NhTfl t�V Cf}Iv1 the parties in the abow captioned matter who stipulate.as to the following to be •1 •rl O Nentered.as an order,of this Honorable Court: a s0 � � o, 1. The Hemming an Plautl fps motion,for preliminary inJu�net on shall be centinuied from Thursday Januiury I ?.3, at 9 am until Thursday JanuaDe 26,2023,at 9 sin. Lo Within 60 days from Thursday January IZ:2023,the Defendant will replace the rinissing -W 4J siding on the exterior of the pmnises. r. ­+ c 3. Prior to May 1#2023,,the Defendant will correct outstanding violation nurnbem.3 and 4 04 H -� pertaining to the dy°I9,2022,inspection. 4. Friar to Janua t 24,2 3!the fi?e ndant v ill ecurect outstanding vinhatibn sxutuben 2,2, o U 5;and g,pertaining.to'the September 16,2022,inspection; °' I 5. Prior to January 24,2023,Defendant will demonstrate good faith efforts to correct. • w -H 00 violation numbers 7 and 8,Pertaining to the September 16,2022,inspection... o r_ 0 >1 w a, 6, Priam to January 24,2023,the Defendant will correct outstanding violation number I Pertaining to the.October 6,2022,inspection. * _ a) o O 04-H M U Q o > r-Respectfuhly Submitted, Respeeddly Submitted, ro o U • +j HSalem Board of Heft Fawwaz Abu ltubysh -Plaintiff Defendant Vj z °v o •1 � By his Attorney M U . i rq j V2 •-I >1 r-{ Q) W l4 >i 'O • 4 i •r{ RS ,S� as ,� +3 'O 4J 4J rt3 c� � as >~ 3•{f David,Greenbaum P.I�I w a a)Health Agent Law office o0ack P.Milgram j m � 4J a-° -; 21 McGrath,Highway + m W +J U So Ordered Quincy,l a,02,169 Q)o a) � � /s/ Alex Mztche-l-Munevar Jack s.lulilaram,4` ,verizon<net. U -0 � °�, Associate Justice 617•227.0878 _P (off U w o -PDate: j f r /Z.� BB0 56975�5 � rQ � b 1 ::1 O rz w Q O m 4-I (a un U - I >, a1 � � as m O U U ,iy •r•1 O • q ,':j •rl H 0 -P -0 u) r-I CC: Milgram, Esq., Jack P 564755 Law Offices of Jack P. Milgram 21 Mayor Thomas J McGrath Highway Suite 203 Quincy MA 02169 RECEIVE® JAN 3 0 2023 CITY OF SALEM BOARD OF HEALTH Salem Board of Health David Greenbaum 98 Washington Street Third Floor Salem,MA 01970 COMMONWEALTH OF MASSACHUSETTS Essex, ss. NORTHEAST HOUSING COURT 22H77CV000303 SALEM BOARD OF HEALTH, ) PLAINTIFF, ) VS. ) FAWWAZ ABU-FUBYAH, ) DEFENDANT. ) AGREEMENT TO CONTINUE NOW COME the parties in the above captioned matter who stipulate as to the following to be entered as an order of this Honorable Court. 1. The Hearing on Plaintiff's Motion for Preliminary Injunction shall be continued from Thursday January 26, 2023, at 9 am until Thursday February 23, 2023, at 9 am. 2. On or before Monday February 6, 2023, Violations 7 and 8 Pertaining to the September 16, 2022 violation notice will be remedied pursuant to the contract provided by the Defendant, Fawwaz Abu-Rubyah,to the Plaintiff, Salem Board of Health. Respectfully Submitted, Respectfully Submitted, Salem Board of Health Fawwaz Abu-Rubyah Plaintiff Defendant By his Attorney /s/Austin J. Birch David Greenbaum Austin J. Birch Health Agent Law Office of Jack P. Milgram 21 McGrath Highway #203 Quincy, Ma. 02169 AustinJamesBirch@gmail.com 617.233.8642 BBO# 708958 1 lImportantel lTraducir!Enpotanl Tradwri!Quan TrQngt Diehl, DOCKET NUMBER Trial Court of Massachusetts NOTICE OF MOTION HEARING 22H77CV000303 Housing Court Department CASE NAME Salem Board of Health v. Fawaz Abu-Rubyah ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS RECEIVED Salem Board of Health David Greenbaum Northeast Housing Court FEB 0 S 2023 98 Washington Street Fenton Judicial Center Third Floor 2 Appleton Street CITY OF SALEM Salem, MA 01970 Lawrence, MA 01840 BOARD OF HEALTH NEXT COURT EVENT 02/14/2023 09:00 AM MOTION HEARING Parties must appear at-.- Northeast Housing Court-Salem J. Michael Ruane Judicial Center 56 Federal Street AAA COUNSEL FOR ALL PARTIES(OR PROSE PARTY) AAA Clerk's Office, 3rd Floor MUST ATTEND ON THE DATE&TIME SHOWN ABOVE Salem, MA 01970 TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above. If you do not participate in this court event the Court may rule against you,find you in-default, dismiss your case or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at(978)689-7833. For all documents that you would like the court to consider you must provide a copy to the other side at least five(5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five(5)days before your scheduled event by mail, by hand delivery to the clerk's office, or by eFile(https:// www.efilema.com/). For more information on eFiling, please refer to the website. If you would like to mediate this case with a Housing Court Specialist, or if you need interpreter services or a reasonable accommodation(s), contact the Clerk's Office at(978)689-7833. If applicable, information on housing resources,_financial assistance(such as RAFT, ERMA and ERAP), and programs (such as the Court Service Center, Tenancy Preservation Program, and Lawyer for the Day) may be available to assist you. Please refer to this division's resource information sheet that is provided with this notice or by visiting the following webpage: hftr.s://www.mass.qov/quides/housin.i-court-resources. To sign up for Housing Court electronic services, including text-message reminders of upcoming court events in a case, please complete and submit the following form: https:/Iwww.mass.gov/forms/ereminder-court-date-notification-system. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE February 1, 2023 Allison R. Cole HC0005:2/2022 www.mass.gov/courts Daterrime Printed:02-01-2023 14:30:56 Date: 01 /23/2023 Proposal: Fawez 159 Bridge st, Salem �Ctu Description Description Amount Work performed at: Window to be replaced, 159 Bridge st, Salem. double hung replacement All the work including window 34x36,work must be material and labor. Front steps boards to be done on the window casing. replaced for composite $485.00 boards, free maintenance. Add new PT stringer to Replace old basement cover, reinforce steps. $$890.00 is root and old. Install a new PT plywood door with hinges Back steps top railing to be and lock. replaced, mostly of the railing $580.00 are rot and old,need to be Back step to replaced and replaced. Will be use PT reinforce for more security. wood 1 x 6 x 1.2 $650.00 $1 l 0.00 Balance Due: COMMONWEALTH OF MASSACHUSETTS Essex, ss. NORTHEAST HOUSING COURT 22H77CV000303 SALEM BOARD OF HEALTH, ) PLAINTIFF, ) VS. ) FAWWAZ ABU-FUBYAH, ) DEFENDANT. 1 STIPULATION NOW COME the parties in the above captioned matter who stipulate as to the following to be entered as an order of this Honorable Court. 1. The Hearing on Plaintiff's motion for preliminary injunction shall be continued from Thursday January 12, 2023, at 9 am until Thursday January 26, 2023, at 9 am. 2. Within 60 days from Thursday January 12, 2023,the Defendant will replace the missing siding on the exterior of the premises. 3. Prior to May 1, 2023,the Defendant will correct outstanding violation numbers 3 and 4 pertaining to the July 19, 2022, inspection. 4. Prior to January 24, 2023, the Defendant will correct outstanding violation numbers 1, 2, 5, and 9,pertaining to the September 16, 2022, inspection. 5. Prior to January 24, 2023, Defendant will demonstrate good faith efforts to correct violation numbers 7 and 8,pertaining to the September 16, 2022, inspection. 6. Prior to January 24, 2023, the Defendant will correct outstanding violation number 1 pertaining to the October 6, 2022, inspection. Respectfully Submitted, Respectfully Submitted, Salem Board of Health Fawwaz Abu-Rubyah Plaintiff Defendant By his Attorney David Greenbaum Jack P. Milgram Health Agent Law office of Jack P. Milgram 21 McGrath Highway#203 Quincy, Ma. 02169 Jackp.Mil€,ram�a verizon.net 617.227.0878 BBO# 569755 1 COMPLETE ■ Complete items 1,2,and 3. A. Signatu ■ Print your name and address on the reverse X C �/T/ gent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B. R eived by(Printed me) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery addnesa ' anent from item 1? ❑Yes If YES, terc�eihiery., tFeTOvil; ❑No Western Prue Real Estate Trust � o��orF�cF` ` Attn: Fawaz Abu-Rubyah Q ;... 144 Western Avenue 2��2 Cambridge, MA02139 pEC II"III'I I'II 1'lllll IIIIII�III I'II'I'I IIIII II� 3. Sery Type 02139° �"� ❑Priority Mall Express® ❑Adult Sig �. ❑Registered McIITM ❑Adult Signatu ad bellvery ❑Registered Mall Restricted ❑Certifled Mall® Delivery 9590 9402 7088 1251 4696 58 ❑Certified Mail Restricted Delivery ❑Signature CorfirmationTm ❑Collect on Delivery ❑Signature Confirmation n f%Wnano Delivery Restricted Delivery Restricted Delivery 7021 2720 0000 5483 5378 Wall - Mail Restricted Delivery — o PS Form 3811,July 2020 PSN 7530-02-000-9053 i Domestic Retum Receipt 'rfi(r�rl�(fi(rfr{!f�!l1r►rlr►G,r,rrr,lirlr(r!(rtr�r,rr,rr�r,!(i . H1ld3H 30(18VO9 W3 S3OAllO £ZS£-OL610 VVY 'ujaleS ZZD '� J30 a0013 Pa£ halls uo;sulyseM g ^^ UU 43leaH10paeb3 ,1303v waleSlo Al!:) .xoq 814;u!®ti+dlZ Pue'ssaippe'aweu jnoA;uud asea GNAJGS is;sod Id:�apuag. sewls Pemun QS 969h 2S2T 9904 20h 6S6 OVE)'ON;!uuad � HER - SdSn Pled saad oBe;sod fflummilli I1eW sse!o-;sj!d #sw3vM sdsn RECEIVED QCDiiYritoiClttB�� Af ��ACYjU�I!1� JAN 0 4 202,E CITY OF SHLEM BOARD OF HEALTH TRIAL COURT OF THE COMMONWEALTH NORTHEAST HOUSING COURT DEPARTMENT S A LE� A i2-D hl EA!�Tl4 PLAINTIFF(S), CIVIL NO. c a CV 305 V. SUMMONS DEFENDANT(S) THIS SUMMONS IS DIRECTED TO F 4 wA.Z r-)f3 Q —JZ,,Y7 /#1 (Defendant's name) 1. This Notice is to inform you that you are being sued. The person or business suing you is known as the Plaintiff. A copy of the Plaintiffs Complaint against you is attached and the original has been filed in the Northeast Housing Court. You must respond to this lawsuit in writing. If you do not respond,the Plaintiff may obtain a court order requiring you to pay money or provide other relief. 2. You must respond within 20 days to protect your rights. In order to protect your right to defend yourself in this lawsuit, you must deliver or mail a written response called an "Answer"to both the"Clerk's Office,Northeast Housing Court,2 Appleton Street 2nd Floor, Lawrence, MA 01840"and to the individual below: I)Psu-�u y A}� ,at)4i 14F r4� LA-y ,`321Wq;gt ; (3c (name of Plaintiff or Plaintiff's attorney) (address) Your Answer must be delivered or mailed within 20 days from the date the Summons was delivered to you. If you need more time to respond,you may request an extension of time in writing from the Court. 3. Your Answer must respond to each claim made by the Plaintiff. Your Answer is your written response to the statements made by the Plaintiff in the Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. You may agree with some of the things the Plaintiff says and disagree with other things. You may also say that you do not know whether one(or more) of the statements made in the Plaintiff's Complaint is true. If you want to have your case heard by a jury,you must specifically request a jury trial in your Answer. Even if you agree that you owe what is claimed, sending an Answer will provide you with an opportunity to participate and explain your circumstances. 4. You must list any reason why you should not have to pay the Plaintiff what the Plaintiff asks for. If you have any-reason(s)why the Plaintiff should not get what the Plaintiff- asks for in the Complaint,you must write those reasons (or"defenses") in your Answer. Rev.11/30/2015 limportantet ITraducir4 Enp6tanf'rradwil Quern Trongl Teich!. -' — DOCKET NUMBER Trial Court of Massachusetts ORDER OF NOTICE 22H77CV000303 Housing Court Department CASE NAME Salem Board of Health v. Fawaz Abu-Rubyah ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS Fawaz Abu-Rubyah Northeast Housing Court 144 Western Avenue Fenton Judicial Center Cambridge, MA 02139 2 Appleton Street Lawrence, MA 01840 NEXT COURT EVENT 01/12/2023 09:00 AM Hearing on Request for Parties must appear at: Preliminary Injunction Northeast Housing Court-Salem J. Michael Ruane Judicial Center 56 Federal Street AAA COUNSEL FOR ALL PARTIES(OR PROSE PARTY) AAA Clerk's Office,3rd Floor MUST ATTEND ON THE DATE&TIME SHOWN ABOVE Salem, MA 01970 TO THE PARTY OR ATTORNEY ABOVE: It is ORDERED that notice be given to the following parties: Abu-Rubyah, Fawaz Notice must be given at least 4 days before the above-referenced event and include a true and attested copy of the complaint (sworn by you to be true). Notice must be served in hand or left at his/her/their last and usual place of abode so that he/she/ they may appear and show cause why a Judge's order allowing Plaintiffs requested injunctive relief should not be issued. The above captioned case will be heard on the date and time indicated above. Please be prompt to your court event, as the time has been reserved specifically for your case. If you do not participate in this court event the Court may rule against you, find you in default, dismiss your case or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at(978)689-7833. For all documents that you would like the court to consider you must provide a copy to the other side at least five (5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five (5)days before your scheduled event by mail, by hand delivery to the clerk's office, or by eFile (http://www.efilema.com). For more information on eFiling, please refer to the website. If you have trouble participating in this court event, or if you need interpreter services or a reasonable accommodation(s), i please contact the Clerk's office at(978)689-7833. This is a court event and the proceedings are an extension of the courtroom.Appropriate conduct is required. This court event may not be recorded without the court's permission. If applicable, more information on housing resources, financial assistance(such as RAFT, ERMA and ERAP), and programs (such as the Court Service Center, Tenancy Preservation Program, and Lawyer for the Day) may be available to,assist you. Please refer to this division's resource information sheet, available online at: https:/twww.mass.goy/guides/housing-court- resources. To sign up for text reminders of your upcoming court event, please read and complete our electronic form: https:H www.mass.gov/forms/ereminder-court-date-notification-system. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE December 15, 2022 Allison R. Cole HCO055:8/5/2022 www.mass.gov/courts Date/Tlme Printed:12-15-2022 09:23:13 =lmpartante! ffradncir!Enpatan!Tradwil Quan Trgng!Diehl { ` DOCKET NUMBER Trial Court of Massachusetts i ORDER OF NOTICE 22H77CV000303 Housing Court Department CASE NAME. Salem Board of Health v.Fawaz Abu-Rubyah PARTY WHO NEEDS TO BE SERVED COURT NAME&ADDRESS Abu-Rubyah, Fawaz Northeast Housing Court 144 Western Avenue Fenton Judicial Center Cambridge, MA 02139 2 Appleton Street Lawrence, MA 01840 NEXT COURT EVENT 01/12/2023 09:00 AM Hearing on Request for Parties must appear at: Preliminary Injunction Northeast Housing Court-Salem J. Michael Ruane Judicial Center 56 Federal StreetAAA COUNSEL FOR.'-i1LL PAkRTIEiv(uR PRO SE PARnl ) AAA Clerk's Office,3rd Floor MUST ATTEND ON THE DATE&TIME SHOWN ABOVE Salem,MA 01970 TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above. Please be prompt to your court event, as the time has been reserved specifically for your case. If you do not participate in this court event the Court may rule against you, find you in default, dismiss your case or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at(978)689-7833. For all documents that you would like the court to consider you must provide a copy to the other side at least five(5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents in advance by mail, by hand delivery to the clerk's office, or by eFile(https://www.efilema.com/). For more information on eFiling, please refer to the website. If you have trouble participating in this court event, or if you need interpreter services or a reasonable accommodation(s), please contact the Clerk's office at(978)689-7833. This is a court event and the proceedings are an extension of the courtroom.Appropriate conduct is required.This court event may not be recorded without the court's permission. If applicable, more information on housing resources, financial assistance(such as RAFT, ERMA and ERAP), and programs (such as the Court Service Center, Tenancy Preservation Program, and Lawyer for the Day) may be available to assist you. Please refer to this division's resource information sheet, available online at: https:ilwww.mass.aoviguidesihousing-court- resources. To sign up for text reminders of your upcoming court event, please read and complete our electronic form: https:// www.mass.gov/forms/ereminder-court-date-notification-system. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE December 15, 2022 Allison R. Cole HCO055:8/5/2022 www.mass.gov/Courts Date/Time Printed:12-15-2022 09:23:13 CITY SALEM Purchase Order � PURCHASING DEPARTMENT 9; 93 Washington Street SALEM,MASSACHUSETTS 01970 TEL(978)745-9595 Fiscal Year 2023 Page: 1 of: 11 SALES TAX EXEMPTION#E-046-001-413 THIS NUMBER,.!UST APPEAR ON ALL INVOICES,PACKAGES AND B SHIPPING PAPERS. I HEALTH DEPARTMENT L (978) 741-1800 Purchase 20230371 L 98 WASHINGTON STREET Order# T SALEM, MA 01-970 O Delivery must be made within doors of specified destination. S V ESSEX COUNTY SHERIFF'S DEPARTMENT H HEALTH DEPARTMENT E 20 MANNING AVENUE I (978) 741-1800 D MIDDLETON, MA 01949 P 98 WASHINGTON STREET 0 T SALEM, MA 01970 R 0 Vendor Phone Number Vendor Fax Number Requisition Number Delivery Reference 978-750-1900 X3555 20230486 Date Ordered Vendor Number Date Required Freight Method/Terms DepartmentilLocation 07/08/2022 9330 HEALTH DEPT Item# Descri Lion/PartNo QTY 1JOM Unit Price Extended Price 1 CONSTABLE SERVICES 1.0 EACH $200.00 $200.00 GL Account: 15102 -5396 $200.00 SOUND BUSINESS PRACTICE CITY RECORDS INDICATE SUFFICIENT UNENCUMBERED FUNDS ARE PRESENT IN THE BUDGET ACCOUNT. APPROVED BY Anthony P.Delaney,MCPPO Chief Procurement Officer Total Ext. Price $200.00 (NOT VALID WITHOUT CITY PURCHASING AGENT'S SIGNATURE) PO TOtai_ _ $200.00 CNN CITY OF SALEM, MASSACHUSETTS 10 war BOARD OF HEALTH ��trnsl� 98 WASHINGTON STREET, 311D FLOOR PubliCHP,alth Prevent.Promote.Protect. SALEM, MA 01970 KiMBERLEY DRISCOLL TEL. (978) 741-1800 DAVID GREENBAUM, RS, CHO MAYOR health@salem.com HEALTH AGENT December 15, 2022 Middlesex County.Sheriff's Office Civil Process Division 40 Brick Kiln Road Chelmsford,MA 01824 RE: Summons—Abu-Rubyah To Whom it May Concern: Enclosed is a summons for Fawaz Abu-Rubyah of 144 Western Avenue, Cambridge, MA, 02139,from the Northeast Housing Court. Mr. Abu-Rubyah can be reached at 617- 803-6848. This hearing related to this summons is scheduled for Thursday, January 12, 2023 @ 9:OOAM The invoice for this service can be sent to: Salem Board of Health Attn: David Greenbaum 98 Washington Street, 3`d Floor Salem, MA 01970 Please contact me with any questions regarding this summons. I can be reached at 978- 741-1800. Sin erel David G eenbaum lImportante!I'Trad, riri Popatanl Tm4wit Quan'Tiquo biohi. - DOCKET NUMBER Trial Court of Massachusetts ORDER OF NOTICE 22H77CV000303 Housing Court Department CASE NAME Salem Board of Health v. Fawaz Abu-Rubyah ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS Fawaz Abu-Rubyah Northeast Housing Court 144 Western Avenue Fenton Judicial Center Cambridge, MA 02139 2 Appleton Street Lawrence, MA 01840 NEXT COURT EVENT 01/12/2023 09:00 AM Hearing on Request for Parties must appear at: Preliminary Injunction Northeast Housing Court-Salem J.Michael Ruane Judicial Center 56 Federal Street AAA COUNSEL FOR ALL PARTIES(OR PROSE PARTY) AAA Clerk's Office,3rd Floor MUST ATTEND ON THE DATE&TIME SHOWN ABOVE Salem,MA 01970 TO TH,E PARTY OR ATTORNEY ABOVE: It is ORDERED that notice be given to the following parties: Abu-Rubyah, Fawaz Notice must be given at least 4 days before the above-referenced event and include a true and attested copy of the complaint (sworn by you to be true). Notice must be served in hand or left at his/her/their last and usual place of abode so that he/she/ they may appear and show cause why a Judge's order allowing Plaintiffs requested injunctive relief should not be issued. The above captioned case will be heard on the date and time indicated above. Please be prompt to your court event, as the time has been reserved specifically for your case. If you do not participate in this court event the Court may rule against you,find you in.default, dismiss your case or issue additional orders against you. If this case has resolved,please contact the Clerk's Office immediately at(978)689-7833. For all documents that you would like the court to consider you must provide a copy to the other side at least five(5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five (5)days before your scheduled event by mail, by hand delivery to the clerk's office, or by eFile (http•//www.efiileM 3.comLFor more information on eFiling, please refer to the website. If you have trouble participating in this court event, or if you need interpreter services or a reasonable accommodation(s), please contact the Clerk's office at(978)689-7833. This is a court event and the proceedings are an extension of the courtroom.Appropriate conduct is required.This court event may not be recorded without the court's permission. If applicable, more information on housing resources, financial assistance(such as RAFT, ERMA and ERAP), and programs (such as the Court Service Center,Tenancy Preservation Program, and Lawyer for the Day) may be available to.assist you. Please refer to this division's resource information sheet, available online at: https://www.mass.goN// uides/housin -c urt- resources.To sign up for text reminders of your upcoming court event, please read and complete our electronic form: https:// www.mass.gov/forms/ereminder-court-date-notification-system. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE December 15, 2022 Allison R. Cole HCO055:8/5/2022 WWw.mass.gov/courts Date/rime Printed:12-15-2022 09:23:13 CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,3RD FLOOR SALEM,MA 01970 TEL. (978)741-1800 KIMBERLEY DRISCOLL healdi@salem.com DAVID GREENBAum,RS,CHO MAYOR healdi@salem.com I AGENT December 6, 2022 Western Avenue Real Estate Trust Attn: Fawaz Abu-Rubyah 144 Western Avenue Cambridge, MA02139 VIA: Certified Mail 7021 2720 0000 5483 5378 First Class Mail RE: 159 Bridge Street Dear Sir/Madam: On May 4, 2022 a letter was sent to you regarding the lack of Certificates of Fitness for all units at the above referenced property. (Enclosed) A review of Board of Health records indicates that to date you have not applied for or received any Certificates of Fitness for any residential rental units in this property. Therefore, in accordance with City Ordinance Sec. 2-705. Certificate of fitness of rented dwelling unit, apartment, or tenement¶(h), you are hereby ordered to a pay a fine totaling $20,300.00. This fine covers 203 days X $50.00 per day since the letter was sent that you have failed to obtain a Certificate of Fitness for two (2) units in this building. You are further ordered to contact the Board of Health office upon receipt of this letter to schedule Certificate of Fitness inspections for all units in this building. Failure to comply with this order will result in a criminal complaint being sought against you in Salem District court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given the 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 or 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. For the Bojad of Health, 14 David Greenbaum Health Agent CITY OF SA1,F?1� , MASSACHUSL7"TS 10 BOARD OF HEALTH \� PuublicHeaUh _1 98 WASHINGTON STREET,31u'FLOOR Prevent,Promote.Protect. TESL. (978)741-1800:FAX(978)745-0343 KIMBERLEY DRISCOLL healthLrr salernxom D,1vm'GREINF3,itJM,16 MAYOR HE,,�r,n i AGENT May 4, 2022 Western Avenue Real Estate Trust Attn: Fawwaz Abu-Rubieh 144 Western Avenue Cambridge, MA 02139 RE: 159 Bridge Street Dear Sir/Madam: It has come to our attention that you are renting units at the above address and our records indicate you have not obtained a Certificate of Fitness for.those units. 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. Please notify us if you do not intend to.rent the unit. Please contact this department within 24 hours of receipt of this notice at 978-741-1800 to schedule an appointment for an inspection. Our.office hours are Monday through Wednesday from 8:00 a.m.—4:00 p.m., Thursday 8:00 a.m.to 7:60 p.m., and Friday 8:00 a.m.—12:00 p.m. Failure to comply with this procedure may result in a fine of twenty($50.00)dollars per day for every day that the dwelling unit is occupied without a Certificate of Fitness. A$50.00 check payable to the City of Salem is required for each unit inspected at the time of Inspection. A property owner is required to pay gas and electricity for residential tenants if there is not a written letting agreement stating the tenant is responsible for those.utilities and if the meter(s) records electricity and gas use which is.not used exclusively by that tenant. The Department of Public Utilities has billed property owners for their tenant's entire utility bills retroactive to the date of initial occupancy in cases in which cross-metering has been proven to exist. For the JBoa f Health: Reply to: eavid Greenbaum /ffzsyBaro Health Agent r,/ Sanitarian NORTHEAST HOUSING COURT 2 Appleton Street Lawrence,Massachusetts 01840 (978)689-7833 VERIFIED COMPLAI(NI'AND AFFIDAVIT Salem Board of Health Fawaz Abu-Rubyah Plaintiffs Name - Defendant's Name 98 Washington Street 3rd Floor 144 Western Avenue Address Address Salem 01970 Cambridge 02139 City Zip Code City Zip Code 978-741-1800 617-803-6848 _ Telephone . Telephone I state under the pains and penalties of perjury as follows: On July 19th, September 16 and October 6, 2022 the Salem Board of Health conducted inspections at 159 Bridge Street, Salem, MA. During those inspections violations of 105 CMR 410.00, State Sanitary Code for Housing were documented. Since that time up to now the defendant has failed to adequately correct said violations. As December 5, 2022 the following violations still exist: July 19, 2022, violation numbers 3 and 4. September 16, 2022, violation numbers 1, 2, 5, 7, 8 and 9 October 6, 2022, violation number 1 All inspection reports are attached to this verified complaint and affidavit. Therefore,I am asking the Court to: Issue an order to the defendant to correct all outstanding violations cited in the reports for inspections conducted on July19, September 16 and October 6; 2022. December 14, 2022 / Date signed under penalties of perjury i PROOF OF DELIVERY NO. I delivered this notice on — (Date) .(Name of person or company) as follows: Check all that apply: aBy delivering a copy in band personally to the above named (plaintiff)(defendant)at: - (circle the correct party) Address in the presence of: (Identify any person,if any,who witnessed this delivery) By leaving a copy, slipped under the dwelling unit or office entrance door,at the above described premises. (� By mailing a copy,first class postage,prepaid,to the above named L._J (plaintiff)(defendant)at the above described premises_ {circle correct party} Signed by person giving notice COMMONWEALTH OF MASSACHUSETTS Essex SS: HOUSING COURT DEPARTMENT Northeast DIVISION SP CR SC SU (Circle One) Salem Board of Health PLAINTIFFS) VS. Fawaz Abu-Rubyah DEFENDANT(S) MOTION The undersigned David Greenbaum,Salem Board of Health hereby moves this Court to: [ ] continue this case until [ ] amend [ ] dismiss this case; [ ] remove default or dismissal and for relief from judgment and set the case for trial on ; [ ] stay execution until [ ] issue execution; other Issue an order to the defendant to correct all outstanding violations cited during inspections at 159 Bridge St,Salem on 7/19,9/16 and 10/6,2022. for the following reasons:The defendant has failed to adequately correct all violations of 105CMR410.00 Sanitary Code for Housing citd by the Salem Board of Health during inspections on 7/19,9/16 and 10/6,2022 This motion will be heard by the Northeast 0 Housing Court, at 9 o'clock AED.m. I I Oday,January F-1, 2023 I (gaveemailed) a copy of this motion on to Fawaz Abu-Rubyah David Greenbaum,Salem Board of Health (Print Name) 98 Washington Street 3rd Floor Street Address Salem,MA 01970 City/State/Zip Code 978-741-1800 Home Phone Work Phone flCmpaxrtantel tTra lucW..Enp6tMf'Tva4wil+Qum Trgngt Dick . DocKETNUMBER Trial Court of Massachusetts ORDER OF NOTICE 22H77CV000303 Housing Court Department SASE NAME Salem Board of Health v.Fawaz Abu-Rubyah PARTY WHO NEEDS TO BE SERVED COURT NAME&ADDRESS Abu-Rubyah, Fawaz Northeast Housing Court 144 Western Avenue Fenton Judicial Center Cambridge,MA 02139 2 Appleton Street Lawrence, MA 01840 NEXT COURT EVENT 01/12/2023 09:00 AK Hearing on Request for Parties must appear at: Preliminary Injunction Northeast Housing Court-Salem J.Michael Ruane Judicial Center -- - 56 Federal Street AAA COUNSEL FOR ALL PARTIES(OR PROSE PARTY) AAA Clerk's Office,3rd Floor MUST ATTEND ON THE DATE&TIME SHOWN ABOVE Salem,MA 01970 TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above. Please be prompt to your court event, as the time has been reserved specifically for your case. If you do not participate in this court event the Court may rule against you, find you in default, dismiss your case or issue additional orders against you. If this case has resolved,please contact the Clerk's Office immediately at(978)689-7833. For all documents that you would like the court to consider you must provide a copy to the other side at least five(5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents in advance by mail, by hand delivery to the clerk's office,or by eFile(hfps://www.efilema.comn. For more information on eFiling, please refer to the website. If you have trouble participating in this court event, or if you need interpreter services or a reasonable accommodation(s), please contact the Clerk's office at(978)689-7833. This is a court event and the proceedings are an extension of the courtroom.Appropriate conduct is required.This court event may not be recorded without the court's permission. If applicable, more information on housing resources, financial assistance(such as RAFT, ERMA and ERAP), and programs (such as the Court Service Center, Tenancy Preservation Program, and Lawyer for the Day) may be available to assist you. Please refer to this division's resource information sheet, available online at: hfps://www.mass.govtguides/housing-court- resources. To sign up for text reminders of your upcoming court event, please read and complete our electronic form: https:// www.mass.gov/forms/ereminder-court-date-notification-system. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE December 15, 2022 Allison R. Cole HC0055:8/5/2022 www.mass.gov/courts Datelrime Printed:12-15-2022 09:23:13 iImportantel ITraducirl Fnpbtan!Tradwi! Quan Trgng! Diehl DOCKET NUMBER Trial Court of Massachusetts ORDER OF NOTICE 22H77Cv000303 Housing Court Department CASE NAME Salem Board of Health v. Fawaz Abu-Rubyah ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS Salem Board of Health Northeast Housing Court David Greenbaum Fenton Judicial Center 98 Washington Street Third Floor 2 Appleton Street Salem, MA 01970 Lawrence, MA 01840 NEXT COURT EVENT 01/12/2023 09:00 AM Hearing on Request for Parties must appear at: Preliminary Injunction Northeast Housing Court-Salem J. Michael Ruane Judicial Center 56 Federal Street AAA COUNSEL FOR ALL PARTIES(OR PROSE PARTY) AAA Clerk's Office,3rd Floor MUST ATTEND ON THE DATE&TIME SHOWN ABOVE Salem, MA 01970 TO THE PARTY OR ATTORNEY ABOVE: It is ORDERED that notice be given to the following parties: Abu-Rubyah, Fawaz Notice must be given at least 4 days before the above-referenced event and include a true and attested copy of the complaint (sworn by you to be true). Notice must be served in hand or left at his/her/their last and usual place of abode so that he/she/ they may appear and show cause why a Judge's order allowing Plaintiffs requested injunctive relief should not be issued. The above captioned case will be heard on the date and time indicated above. Please be prompt to your court event, as the time has been reserved specifically for your case. If you do not participate in this court event the Court may rule against you, find you in default, dismiss your case or issue additional orders against you. If this case has resolved,please contact the Clerk's Office immediately at(978)689-7833. For all documents that you would like the court to consider you must provide a copy to the other side at least five(5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five (5)days before your scheduled event by mail, by hand delivery to the clerk's office, or by eFile (https//www.efilema.com). For more information on eFiling, please refer to the website. If you have trouble participating in this court event, or if you need interpreter services or a reasonable accommodation(s), please contact the Clerk's office at(978)689-7833. This is a court event and the proceedings are an extension of the courtroom.Appropriate conduct is required.This court event may not be recorded without the court's permission. If applicable, more information on housing resources, financial assistance(such as RAFT, ERMA and ERAP), and programs (such as the Court Service Center, Tenancy Preservation Program, and Lawyer for the Day) may be available to assist you. Please refer to this division's resource information sheet, available online at: https://www.mass.gov/guides/housing-court- resources. To sign up for text reminders of your upcoming court event, please read and complete our electronic form: https: www.mass.gov/forms/ereminder-court-date-notification-system. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE December 15, 2022 Allison R. Cole HCO055:8/5/2022 www.mass.gov/courts DateTrime Pdnted:12-15-2022 09:23:13 commoritvtaifto of 000a tbuoetto TRIAL COURT OF THE COMMONWEALTH NORTHEAST HOUSING COURT DEPARTMENT PLAINTIFF(S), Crvu.No. ;o? CV 30 3 v SUMMONS TA\,JrA-L Ar�y -QvA�.Y44 , DEFENDANT(S) THIS SUMMONS IS DIRECTED TO F A IWAI r-43 v -1ZsJWA4 (Defendant's name) 1. This Notice is to inform you that you are being sued. The person or business suing you is known as the Plaintiff. A copy of the Plaintiff s Complaint against you is attached and the original has been filed in the Northeast Housing Court. You must respond to this lawsuit in writing. If you do not respond,the Plaintiff may obtain a court order requiring you to pay money or provide other relief. 2. You must respond within 20 days to protect your rights. In order to protect your right to defend yourself in this lawsuit,you must deliver or mail a written response called an "Answer"to both the"Clerk's Office,Northeast Housing Court,2 Appleton Street 2nd Floor, Lawrence,MA 01840"and to the individual below: fi �')a?-1)SV- ZuS9g , at 3�} Vft---.tLo� V,- C�9mr3211)-('i4 ,'Hr4 cVf3c (name of Plaintiff or Plaintiffs attorney) (address) Your Answer must be delivered or mailed within 20 days from the date the Summons was delivered to you. If you need more time to respond,you may request an extension of time in writing from the Court. 3. Your Answer must respond to each claim made by the Plaintiff. Your Answer is your written response to the statements made by the Plaintiff in the Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. You may agree with some of the things the Plaintiff says and disagree with other things. You may also say that you do not know whether one (or more)of the statements made in the Plaintiffs Complaint is true. If you want to have your case heard by a jury, you must specifically request a jury trial in your Answer. Even if you agree that you owe what is claimed, sending an Answer will provide you with an opportunity to participate and explain your circumstances. 4. You must list any reason why you should not have to pay the Plaintiff what the Plaintiff asks for. If you have any reason(s)why the Plaintiff should not get what the-Plaintiff---- asks for in the Complaint,you must write those reasons (or"defenses") in your Answer. Rev.11/30/2015 H MASSACUSLTTS CIS or SALTM, BaaRD OF HF..ALTH 98 WASHINGTON STREET,3-'FLOOR �PubliaHealth nnt.Promote.Protect. TEL. (978) 741-1800 KIMBERLFY DRISCOLi, health&salem.com MAYOR l lv 11:l'I i AGI NI' May 6,2021 Western Avenue Real Estate Trust Attn: Fawwaz Abu-Rubyah 44 Western Avenue Cambridge, MA 02139 VIA CERTIFIED MAIL: 7012 3050 0001 2959 9423 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 159 Bridge Street Unit 2 permitted by occupant Alden Dow conducted by Jeffrey Barosy,Sanitarian on May 4,2021 at 2:00pm. 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 specked 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,ieBoar(I ;, ealth Rep To: e4av! Greenbaurn Jeffrey arosy Health Agent Sanitarian cc: Tenant .451 6. Second egress is in the bedroom adjacent to living-room farthest from 24 Hours the bathroom. The door leading into this bedroom from the living- room is locked, blocking accesses to the egress. Remove lock from bedroom door and allow access to second egress without any obstructions. Owner has 24 HOURS to start making a good faith effort to correct violation. .500 7. Kitchen window above sink has a back sash that is supported by two 7 Days wooden planks. Repair sash so that it opens and closes with ease and can hold its position under its own power. Owner has 7 DAYS to start making a good-faith effort to correct violation. .190 8. Hot water peaks at 162*F. Reduce hot water temperature so that it is 7 Days between 110*F and 130*F. Owner has 7 DAYS to start making a ood-faith effort to correct violation. N/A 9. Owner has 30 DAYS to correct all violations listed in this report. N/A 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'descri, tion. 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 u ec sus derec . Puede adquiriruna traduccion de esta forma. . I 'r � �Y. s•.Ir' i y' =f•. • M I f _ 1. Z 1 , I • 1 w. S .I C � t 1 I� 3 • �r f