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23 WALTER STREET HEARING REQUEST FOR ORDER LETTER DATED 10-3-24 ® RECEIVED LAW OFFICE OF LANCE I. LANNE, LLC OCT 15 2024 Lance I.Layne,Esquire CITY OF SALEM 32 Church Street BOARD OF HEALTH Salem,Massachusetts 01970 Telephone:(978)744-7003 Facsimile: (978)744-7005 Email:l.layne@lawyer.com October 15, 2024 VIA IN HAND DELIVERY City of Salem Board of Health 98 Washington Street, 3rd Floor Salem, MA 01970 Re: Nadia Prescott, Trustee Nadia Prescott Living Trust 23 Walter Street Salem, MA 01970 Dear Sir/Madam: This office represents the above referenced and requests a hearing before the Board of Health relative to an inspection conducted October 2, 2024 at 23 Walter Street, Third Floor, by David Greenbaum. Please advise . Thank you. I1J - truly yo -s .� nce I . Layne, Esquire www.lanceilayne.com • M i . CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,3m'FLOOR TEL. (978)741-1800 DOMINICK PANGALLO healthLdlsalem.com DAVID Ciltl✓ENBAUM,RS,CHO MAYOR HEALTI I AG i:NT October 3,2024 Nadia Prescott Living Trust Nadia Prescott,Trustee 23 Walter Street Salem, MA 01970 VIA CERTIFIED MAIL: 9589 0710 5270 0283 0534 31 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 II: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of the property 23 Walter Street,Third Floor, permitted by occupant Jennifer Emerson conducted by David Greenbaum, Health Agent,on October 2,2024 at 2:Opm. 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 t �m as outlined in the enclosed inspection report form. V of Health aveenbaum Health Agent cc: Tenant � a e CITY OF SALEM, MASSACHUSETTS fir- BOARD OF HEALTHD PublicHealtli 98 WASHINGTON STREET,3 FLOOR Prevent.Promote.Protect. TEL. (978) 741-1800 DOMINICK PANGALLO health(a�,salem.com DAVID GR(;1NBAUM,RS MAYOR HE ALTH A<.rN'r State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Jennifer Emerson Occupant Phone: 860-514-7313 Occupant Address: 23 Walter Street 3rd Floor Salem, MA 01970 Owner Address: 23 Walter Street Owner/Manager: Nadia Prescott Living Trust Salem, MA 01970 Nadia Prescott, Trustee Inspection Date: October 2, 2024 Inspection Time: 2:00pm Conducted By: David Greenbaum Accompanied By: Occupant 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 Inspection the following were noted: _ 1. There is only one means or egress out of this unit. Owner must provide as 30 Days .260 many means of exit as will allow for the safe passage of all people in accordance with 780 CMR: Massachusetts State Building Code. NOTE: This violation is being referred to the Building Department for follow up. 2. There is no stove or cook top in the kitchen. Owner must provide cook top 30 Days 100(A)4&5 and stove in accordance with 105 CMR 410.100. 3. The refrigerator is undersized. Owner to provide a refrigerator and freezer in 30 Days 100(A)6 accordance with 105 CMR 410.100. 4. The kitchen window does not open properly. Owner to repair kitchen 30 Days .530(A)2 window to open and close properly. 5. The screen on the skylight is ripped and torn. Repair screen to be free of 10 Days .540(A) 1 defects. NOTE: This unit does not appear to be a legal unit. This is being referred to the Building Department for further evaluation and follow up. One or more of the above violations may end Eger 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. USPS TRACKJNG# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 8704 3, 0 6983 28 United States 0 Sender:Please print your name,address,and ZIP+4®in this box* Service Postal Service/]. C, Uj . C= UI CITY OF SALEM > C-�j ;=�! BOARD OF HEALTH co U. 98 WASHINGTON ST,3RD FL 0 SALEM,MA 01970 Uj :j; j ; SENDER: COMPLETE THIS SECTION CO ON ON DELIVERY 0 Complete items.-I-i 2,,@r1d'3. A.73igna— 7/7 0 Print your name and address on the reverse so that woorratUM!he card to you. E3 Addressee 0 Attach this card to the back of the mallpiece, 0.Date of Delivery or on the front If space permits. 1. Article Addressed to. D. Is delivery address different from Item 1? 13 Yes If YES,enter delivery address beloW.- M No Nadia Prescott Living Trust Nadia Prescott,Trustee 23 Waiter Street Salem,MA 01970 3. Service Type 0 Priority Mail Express® 0 Adult Signature 13 Registered MaIlTm E3 Adult Signature Restricted Delivery 0 Rer 13 CoMed M8116 Do e;ed Mall Restricted 9590 9402 8704 3310 6983 28 0 Certified Mail Restricted Delivery 13 Signature ConfirmationTm C3 Collect on Delivery L3 Signature Confirmation 9 Artujo tj-1—rr------ i Delivery Restricted Delivery Restricted Delivery 9589 117111 .5270 11283 0534 31 I Restricted Delivery I -(Over$500) Ps Form 3811,July 2020 PSN 7530-02-000-9053 I Domestic Return Receipt IMPORTANT MESSAGE IMPORTANT MESSAGE FOR FOR DATE TIME 0 A.M 12,6 DATE1 2DZ�' TIMEq"�r P7,n. eAt) 4 M 1 OF-23 VJ�'/7Jr J4?z . OFPHONE/ CELL PHONE/ ._' 2` CELLL ((i tJ��� - i-171-23 TELEPHONED X PLEASE CALL TELEPHONED PLEASE CALL CAME TO SEE YOU WILL CALL AGAIN CAME TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH WANTS TO SEE YOU RUSH R RETURNED YOUR CALL SPECIAL ATTENTION RETURNED YOUR CALL SPECIAL ATTENTION I_ e � MESSAGE Q�1T3 �' MESSAGE J :I v►G9 Ot--�'l�iS��(Z L sip it I C STY c�a l� Qpr� I VL 1 C.h w11� SIGNEDSIGNED jLN The Commonwealth of Massachusetts Department of Public Health u,p Notice of Occupants' Legal Rights and Responsibilities This document summarizes some of the legal options that you may have when the owner of a property you live in has not fixed certain problems in your home,as required by the state Housing Code(105 CMR 410.000).This is not legal advice.Talk to an attorney before you decide to withhold your rent or take other action described here. Safe and Healthy Rental Housing: Rental housing in Massachusetts must meet minimum standards to protect the health,safety,and well-being of occupants. The Housing Code, 105 CMR 410.000,Minimum Standards of Fitness for Human Habitation(State Sanitary Code, Chapter ll), is the state regulation that sets these minimum standards.The Massachusetts Department of Public Health, Bureau of Climate and Environmental Health's Community Sanitation Program (CSP) issues this regulation, but the standards are enforced by local health departments.I CSP works with local health departments and the public to provide training and technical assistance about the.Housing Code. For more information, please see mass.gov/lists/housinp,-community- sanitation. Your Responsibility to Keep Your House Safe and Healthy The Housing Code also has requirements that people living in rented homes or apartments need to meet.There are some problems like pests, mold,and keeping exits clear,that might need the owners and occupants to'work together to fix the problem. For example,occupants need to make sure there is no food or garbage left out that could attract pests or keep their belongings out of exit hallways. If the local health department is doing an inspection,either by your request or for another issue,the local health department may tell you there is something that you need to fix.The local health department may issue you an order to correct and give you a certain amount of time to fix the problem. Your Right to Safe and He Housing and Protection from Retaliation If you think that conditions in your home are unsafe or unsanitary and may violate the Housing Code,you should inform .your landlord first. If your landlord does not adequately address these concerns,you should then contact your local health department.They will conduct free inspections of your home and will order your landlord to fix any violations of the Housing Code.You can find contact information for your local health department by calling your city or town hall or visiting their website. City/town websites are listed at:mass goy/lists/massachusetts-city-and-town-websites. Your landlord is not allowed to raise your rent or try to.evict you just because you have made a complaint to them or to the local health department about the violations.This is called retaliation,and you may be able to sue the landlord for damages if this happens and you made your complaint in writing(M.G.L.c.186,s.18 and c.239,s.2A). Your Right to a Hearing You may ask for a hearing in front of your local Board of Health.You must do this in writing and within the timeframes below. If you send a written request on time to the local health department, a hearing will be held within 14 calendar days. If you do not make a written request within the timeframes below,you lose the right to a hearing.The chart below shows the reasons you may request a hearing,and the timeframe you have to send the request. Reason You .May Re nest a Hearing Number of bays to .Make tht Request in Writing Your home was not inspected by the local health department 30 days from the day you contacted health department The inspector did not find violations you think exist 30 days from the last inspection by the health department The inspector did not issue an order to correct violations 30 days from the last inspection by the health department The inspector did not enforce the order to correct 45 days from when the owner received the order to correct Within five days after the hearing,the local health department is required to issue a final decision on your complaint(105 CMR 410.840). If you do not agree with the decision, or at any point throughout the process,you can file an appeal in housing court. 3 Depending on your city or town,this may also be called a Local Board of Health(BOH),Local Health Authority,or Inspectional Services Department. This is the local code enforcement authority responsible for enforcing the regulations. . May 2023—revised November 2023 Your Options if an Owner Does Not Fix the Problems If your landlord does not fix violations of the Housing Code in your home,you may have some options as described below. These are not your only options, but they are common actions that tenants and occupants take in these situations. Before taking legal action,contact an attorney to protect yourself. If you cannot afford an attorney,you may be eligible for free legal aid services.Go to masslrf.org to find available options for free legal advice.To find additional information on your legal rights and responsibilities when your landlord does not fix violations of the Housing Code,visit: mass leQalhelp.ors/leeal-tactics or madeuptocode.org. Option 1:Go to Court If your landlord does not fix the problems that the local health department ordered them to fix,or if you believe there are.problems in your home that may be in violation of the Housing Code,you may also ask a court in your area to order your landlord to correct the problems. To file a complaint,contact the Housing or District Court Clerk in your region.To find the closest Housing or District Court go to mass.eov/ores/housing-court/locations or mass.Rov/orgs/district-court/locations.These courts deal with cases about.residential housing including eviction, property damage,and Housing Code enforcement. For help filing a complaint,you can contact Court'Service Centers at mass gov/info-details/learn-about-court-service-centers. You can request that the court order the landlord to: Fix the Problem:You or the local health department may file a petition in Housing or District Court to order the owner to fix the violations of the Housing Code(M.G.L. c. 111,s. 127 A,Q. and/or Refund Rent You Have Paid:You can file a complaint requesting that your landlord pay back all or part of the rent you paid during the time that there were Housing Code violations.You can claim either 1) Breach of Warranty of Habitability or 2) Unfair and Deceptive Practices (M.G.L.c.93A),or both. For both claims,you will need to prove that your home had Housing Code violations,and that the owner knew about the violations and did not fix them. Breach of Warranty of Habitability can also be filed by the local health department. Option 2:Withhold Rent Until Repairs are Made If your landlord does not correct certain housing code violations,you may be able to hold back some or all of your rent payment until they make repairs (M.G.L. c.239,s. 8A).Save the rent money you withhold.A judge may require you to pay all or some of it back. If they do and you don't have this money,you may be evicted. If you withhold rent and your landlord tries to evict you from your home,you will need to prove, at a minimum,that: • The violations may endanger or materially impair the health,safety, or well-being of a tenant or occupant;2 • The rental property owner knew about the violations before you started withholding your rent;and. • You did not cause the violations. Option 3: Make the Repairs Yourself State law allows you to use your rent money to pay for certain repairs (M.G.L c. 111,s.127L), and not pay that amount in rent to your landlord.You cannot withhold more than 4 months' rent in a 12-month period to pay for repairs. if you withhold some or all your rent and use it to make repairs and your landlord tries to evict you from your home,you will need to prove: • The local health department or court determined that the violations-may endanger or materially impair the health,safety,or well-being of a residential tenant;2 • The landlord was issued an Order to Correct for those violations;and • The owner did not start the repairs (or sign a contract for work)within 5 days after getting the Order to Correct and did not complete repairs within 14 days after receiving the notice of violations. Option 4: End your Lease Early and Move If you meet certain conditions,you may be able to end your lease or rental agreement and move out within a reasonable time.Contact an attorney to find out more about this option. If you cannot afford an attorney,you may be eligible for free legal aid services.Go to masslrf.org to find available options for free legal advice. z These are serious violations which include problems such as not having heat,hot water, electricity or gas,or exits that are blocked. May 2023—revised November 2023 10/3/24,3:01 PM Summary c Printa Record Card ( Previous Assessment Condo Info I Sales Zoning WebPro Comments Card 1 of 1 Location 23 WALTER STREET Property Account Number 0 i Parcel ID 27-0321-0 Old Parcel ID 62 -- Current Property Mailing Address Owner NADIA PRESCOTT LIVING TRUST City SALEM PRESCOTT NADIA TR State MA Address 23 WALTER STREET Zip 01970 Zoning R2 Current Property Sales Information _ Sale Date 7/16/2010 Legal Reference 29606-34 Sale Price 385,000 Grantor(Seller) PATRIOT PROPERTIES DEV, LLC, Current Property Assessment Card 1 Value Year 2024 Building Value 497,600 Xtra Features Value 1,000 Land Area 0.092 acres Land Value 190,100 Total Value 688,700 Narrative Description _ This property contains 0.092 acres of land mainly classified as One Family with a(n) NIA style building, built about 1890 , having N/A exterior and N/A roof cover,with 1 unit(s), 7 total room(s), 3 total bedroom(s), 2 total bath(s), 1 total half bath(s), 0 total 3/4 bath(s). Legal Description Property Images 10 5 10 5 10 b 00 SSFL UAT SFL '-` FFL BMT WO) 34 34 - - 22 EFP EFP _..i� ••t - _ 004) �t� i 11�1 "•r IOr 25 https://salem.patriotproperties.com/Summary.asp?AccountN umber=2709 1/1