29 FOSTER STREET - BUILDING INSPECTION FS7Leri �e
UPC 10333 o-
No. 153L-3 g q,
HASTINGS, DAN
Clart Realty
20 Belleview Ave.
Salem, Ma 01970
(978) 741-1484
August 11, 2002
Michele Maurice
29 Foster Street
Salem,Ma 01970
Dear Ms. Maurice,
In accordance with Chapter III, Section 127A and 127B of the Massachusetts
General Laws 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative
Procedures and 105CMR 410.00: State Sanitary Code, Chapter II: Minimum Standards of
Fitness for Human Habitation, an inspection was conducted of the property 29 Foster
Street occupied by your and your household, conducted by Jeff Vaughan; Salem's Board
of Health Senior Sanitarian on Thursday,July 25 2002 at 10:00am.
Mr. Vaughan noted that your occupancy is in violation of Massachusetts General
Law 105 CMR 410.00 State Sanitary Code,Chapter II: Minimum Standards of Fitness
for Human Habitation, Section 410.400 entitled"Minimum Square Footage"which
states:
Sub-section(A) Every dwelling unit shall contain at least 150 square feet of floor space
for its occupant, and a least 100 square feet of floor space for each
additional occupant,the floor space to be calculated on the basis of total
habitable room area.
Sub-section(B) In a dwelling unit, every room occupied for sleeping purposes by one
occupant shall contain at least 70 square feet of floor space;every room
occupied for sleeping purposes by more than one occupant shall contain
at least 50 square foot of floor space for each occupant.
Subsequently, Ms. Maurice,you and your six children require a dwelling that has
minimum total of 750 square feet of habitable room area with at least 370 square feet
consisting of sleeping space based upon the Massachusetts General Law State Sanitary
Codes. Since the dwelling unit at 29 Foster Street consists of a total of 545 square feet of
habitable room area including the 255 square feet of sleeping space the unit no longer
fulfills the "Minimum Standards of Fitness for Human Habitation": Section 410.400;
Subsection A and B that your Household size requires. Consequently,because this
overcrowded condition violates Health Code Laws, Clart Realty is unable to renew your
rental agreement. You have until November 1, 2002 to vacate the premises.
Sincerely
Mary Woodcock
CERTIFIED MAIL 47099 3400 0009 4096 7234
�connr�a CITY OF SALEM9 MASSACHUSETTS
T
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
'so SALEM, MA 01 970
TEL. (978) 745-9595 EXT. 380
��%nrvaWr FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
Michelle Maurice COPY
29 Foster Street
ti
Salem, Ma. 01970
RE: 29 Foster Street
Dear Ms. Maurice:
In response to your question regarding building permits or occupancy permits for the
above-mentioned property, please note the following. No street card was found for this
property. A street card would probably show the original permit and occupancy permit.
Any subsequent permits would have been noted on this card.
It happens occasionally that no street card can be found. I did check the computer record
going back about three years and found no record of building or plumbing permits.
Electrical permits would be found in the Electrical Department, not this department.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
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CITY OF SALEM, MASSACHUSETTSBOARD OF HEALTH
120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
TEL. 978-741-1800
FAX 978-745-0343
STANLEY USOVICZ, JR. ,JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
August 20, 2002
Claire Chalifour
Mary Woodbury
96 North Street
Salem, MA. 01970
Dear Ms. Chalifour& Ms. Woodcock:
In accordance with Chapter III, Sections 127A and 1276 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 II
Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 29 Foster Street
occupied by Michelle Maurice conducted by Jeff Vaughan, Senior Sanitarian on Friday,August 16,2002 at 10:00
A.M..
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 Health Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the`violations listed on the enclosed inspection report.
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 Salem District 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 i 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 attrney 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.
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:
��
nn e Scott Jeff Vaughan
Health Agent Senior Sanitarian
Certified Mail to Owner: 7001 1140 0000 2746 8793
Cc: ward councillor, Bldg. Insp., CTI
JS/sjk o-h-violet
CITY OF SALEM, MASSACHUSETTS
a
BOARD'OF HEALTH
120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
TEL. 978-741-1 BOO
FAX 978-745-0343
Page 1 of 3
STANLEY LISOVICZ. JR JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant : Michelle Maurice Phone: (978) 745-4363
Address- 29 Foster Street Apt.# Floor
Claire Chalifour
Owner: Mgr. Mary Woodbury Address: 96 North Street
Salem, MA. 01970
Inspection Date: August 16, 2002 Time: 1o:00 AM
Conducted By: Jeffrey Vaughan Accompanied By: tenant, bldg. Insp.
Anticipated Reinspection Date:
Specified Time Reg.#410.. Violaf:ion(s)
Original inspection conducted- on 7/25/02 due to a complaint
about sewera a leak in basement and inability to use toilet
facilities. At that time a few violations in the unit were
observed and noted. Owner had plumbing-problem repaired on 7/25
A complpee inspection based`on the State Sanitary Code was con-
ducted on 8/16. The following were noted:
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. 35-1
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 Sr. Sanitarian
Este es documento legal importante. Puede que afecte sus derechos.
Puede adquirir una traduccion de esta forma sies necesario Ilamar at telefono 741-1800.
h
Appendix II (14)
Legal Remedies for Tenants of Residential Housing
The following is a brief summary of some of the legal remedies tenants may use in order to get
housing code violations corrected :
1. Rent Withholding(Massachusetts 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:
You can prove that your dwelling unit or common areas contain code violations which are serious
enough to endanger or materially impair your health of safety and that your landlord knew about the
violations before you were behind in your rent.
You did not cause the violations and they can be repaired while you continue to live in the
building.
You are prepared to pay any portion of the rent into court if a judge orders you to pay it. ( For this.
it is best to put the rent money aside in a safe place)
2. Repair and Deduct(Massachusetts General Laws, Chapter III, section 127L): The law sometimes allows
you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that
there are code violations whichmay endanger or materially impair your health,safety,or well-being, and
your landlord has received written notice of the violations,you may be able to use this remedy. If the owner
fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after
the notice or to complete repairs within 14 days after notice,you can use up to four months rent in any year
to make repairs.
3. Retaliatory Rent Increases or Evictions Prohibited (Massachusetts General Laws,Chapter 186, section
1'8, 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'enforcemenvagency about code violations. If the owner raises your
rent to try,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 damages.or.if he or she tries this. _
4. Rent Receivership (Massachusetts General Laws Chapter II, section 127 C-H):The occupants and/or the
Board of Health may petition the District or Superior Court to allow Genf io 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.
S. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your
rent returned if your dwelling unit does not meet minimum standards of habitability.
6. Unfair& Deceptive Practices (Massachusetts 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 au
owner.
The information presented above is only a summary of the law. Before you decide to withhold rent or take anv
other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attorney: you
should contact the nearest legal services office, which is
Neighborhood Legal Scrvices
37 Friend Street
Lynn, MA. 01902
(781)-599-7730
sY.
• CITY OF SALEM HEALTH DEPARTMENT
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Salem, Massachusetts 01970 Page a of 3
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