187 LAFAYETTE STREET - ORDER LETTER 7-19-23 S
CITY OF SALEM, MASSACHUSETTS
y!�- ✓ BOARD OF HEALTH
98 WASHINGTON STREET,31D FLOOR
SALEM,MA 01970
TEL. (978)741-1800
DOMINICK PANGALLO healthLsalem.com DAVID GIELNBAum,RS,CHO
MAYOR HF.AI,TiI AGENT
July 19, 2023
Ibex Realty &Asset Management, LLC
C/o Julius Sokol
4 Victoria Lane
Marblehead, MA 01945
VIA CERTIFIED MAIL: 7020 0640 0001 4055 3201
Dear Sir/Madam:
In accordance with Chapter 111, 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 187 Lafayette Street#1 permitted by
occupant Laura Gentleman conducted by David Greenbaum, Health Agent on Wednesday,July 19, 2023 @ 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 foe
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 positive action to prevent these violations from occurring 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modified or withdrawn.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 pf Health
r
G
David Greenbaum
Health Agent
cc: Occupant
CITY OF SAI,EM, MASSACHUSETTS
BOARD OF HEALTH
98 W°>SHINGTON STREET,3RD FLOOR PabHcHedth
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978)741-1800
DOMINICK PANGALLO health(�salem.com DAVID GREENBAUM,RS,CHO
MAYOR H17.A1,f1j AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Lillian Povey Owner: Ibex Realty &Asset Management, LLC
C/o Julius Sokol
Phone number: 978-778-8059 Address: 4 Victoria Lane
Address: 187 Lafayette Street#1 Marblehead, MA 01945
Salem, MA 01970
Inspection Date: July 19, 2023 Time: 2:00pm
Conducted by: David Greenbaum Accompanied By: Occupant— Lillian Povey
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:
1. There is a significant cockroach infestation in this unit. The owner must hire a
7 Days .520 licensed pest control operator and exterminate this entire property as often as
necessary to abate the cockroach infestation.
2. There is chipping/peeling paint on the bathroom ceiling. Owner must scrape all
7 Days .235(A) chipping/peeling paint and repaint the bathroom ceiling.
3. There is a missing smoke/carbon monoxide detector in the kitchen. Owner must
7 Days .500 replace this unit and install smoke and carbon monoxide detectors in accordance
with the Fire Code.
4. There is a significant amount of moisture in the basement of this property. Owner
7 Days .235(A) to investigate the source of the moisture and take all steps necessary to prevent
moisture in the basement in the future.
5. NOTE: There are no valid Certificates of Fitness on file for this property. Owner
must make the above corrections and apply for and receive Certificates of Fitness
for all units in this property.
One or more of the above violations fniylndanger or materially impair the health, safety, and well-being of the occupant(s)
i
Code Enforcement Inspector_
Este es un documento legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
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BOARD OF HEALTH
JUL 2 b 2C 23 SALEM,MA 0 970 T,3RD FL
CITY OF SALE M
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Ibex Realty &Asset Management, LLC
C/o Julius Sokol -
4 Victoria Lane
Marblehead, MA 01945
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Ps Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
7/19/23,3:12 PM Summary
11 2
Printable Record Card I Previous Assessment 1 Condo info I Sales I Zoning I WebPro
Card 1 of 1
Location 187 LAFAYETTE STREET Property Account Number Parcel ID 34-0118-0
Old Parcel ID 12 --
Current Property Mailing Address
Owner IBEX REALTY 8F ASSET MANAGEMENT City MARBLEHEAD
LLC
State,MA
Address 4 VICTORIA LANE Zip 01945
Zoning R3
Current Property Sales Information
Sale Date 6/28/2013 Legal Reference 32609-580
Sale Price 0 Grantor(Seller)SOKOL,JULIUS L
Current Property Assessment
Card 1 Value
Year 2023 Building Value 573,000
Xtra Features Value 7,800
Land Area 0.142 acres Land Value 166,800
Total Value 747,600
Narrative Description
This property contains 0.142 acres of land mainly classified as Three Fam.with a(n) N/A style building, built about
1915, having exterior and N/A roof cover,with 3 unit(s), 15 total room(s), 6 total bedroom(s), total bath(s), 0 total
half bath(s), total 3/4 bath(s).
Legal Description
Click Property Images to Enlarge
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https://salem.patriotproperties.com/Summary.asp?AccountNumber--6568 1!1
7/19/23,2:59 PM MA Corporations Search Entity Summary
Secretary of the Commonwealth of Massachusetts
William Francis Galvin
Business F itity Summary
ID Number: 001109548 Request certificate New search
Summary for: IBEX REALTY &ASSET MANAGEMENT LLC
The exact name of the Domestic Limited Liability Company (LLC): IBEX REALTY &
ASSET MANAGEMENT LLC
Entity type: Domestic Limited Liability Company (LLC)
Identification Number: 001109548
Date of Organization in Massachusetts: Date of Revival:
06-13-2013
Last date certain:
The location or address where the records are maintained (A PO box is not a
valid location or address):
?Address: 1 CURTIS STREET
City or town, State, Zip code, BOSTON, MA 02128 USA
Country:
The name and address of the Resident Agent:
Name: JULIUS SOKOL
Address: 1 CURTIS STREET
City or town, State, Zip code, EAST BOSTON, MA 02128 USA
Country:
The name and business address of each Manager:
Title Individual name
MANAGER JULIUS L SOKOL 1 CURTIS STREET EAST BOSTON, MA 02128
USA
In addition to the manager(s), the name and business address of the person(s)
authorized to execute documents to be filed with the Corporations Division:
title Individual name
The name and business address of the person(s) authorized to execute,
acknowledge, deliver, and record any recordable instrument purporting to affect
an interest in real property:
Individual r
https://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?sysvalue=1DHYGxnkjPJurWHzyOvVMOiuWdXLOk5tpkORyyaEDE- 1/2
IMPORTANT MESSAGE
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The Commonwealth of Massachusetts
Department of Public Health
-�, t ' Notice of Occupants' Leaal Ri13hts and Responsibilities
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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
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.,-ov, lists. housin_-communit,-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 Healthy 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 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.gov,'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 (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 Request a O"ring Number of Days to Make the Request in Writing
Your home was not inspected 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.
'Depend!ng on your city or town,this may also be called a Local Boa rd.of Health(BOH),Local Health Authority,or Inspectional Services Department.
This is the local code enforcement authority responsible for enforcing the regulations.
nn-n„W01
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 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 tenant legal
rights and responsibilities,visit: masslegalhelp.org/legal-tactics or madeuptocode.or-;.
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.gov/orgs/housing-court/locations or mass. ov_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 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;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 those violations; and
• The owner did not start the repairs (or to sign a contract for work)within 5 days after getting the Order
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.or;to find available options for free legal advice.
'These are serious violations which include problems such as not having heat,hot water,electricity or gas,or exits that are blocked.
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