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10B Colonial terrace complaint 8-16-23 a �� CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,YD FLOOR PublicHealth SALEM,N1A 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 DOMINICK PANGALLO health&salem.com DAVID GREENBAUM,RS, CHO MAYOR HEALTH AGENT August 29, 2023 Salem Housing Authority 27 Charter Street Salem, MA 01970 VIA Certified mail—7020 0640 0001 4055 3379 Dear Sir/Madam: In accordance with Chapter III, Sections 127A and 127B 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 10B Colonial Terrace conducted by Elizabeth Gagakis, Senior Sanitarian on August 16, 2023 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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by an attorney.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 and 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 th#Grenb;aZm of Health Reply to: David Elizabeth Gagakis Health Agent Senior Sanitarian cc: tenant i CITY OF SALEM, MASSACHUSETTS 1P BOARD OF HEALTH 98 W ASHINGTON STREET,3'D FLOOR PtibHcHealth SALEM,MA 01970 Prevent.Promote.Protect. DOMINICKPANGALLO TEL. (978)741-1800 health@salem.com DAVID GREENBAUM,RS, CHO MAYOR HEALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant:Confesor Sanchez Owner:Salem Housing Authority Phone number:978 398-3709 Address:27 Charter Street Address: 10B Colonial Terrace Salem, MA 01970 Salem,MA 01970 Inspection Date:August 16,2023 Time: 10:00am 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: 14 days .500 1. Tenant had complaint of ongoing moisture problems in the unit.At the time of inspection, what appeared to be mildew was noted in the bedroom on doors,clothes and mildew was observed on the bathroom ceiling over the tub.Windowsills and casings in the living room were noted to have some mildew growth on them as well.Owner to investigate for leaks, find the source of moisture and conduct whatever repairs necessary to prevent moisture intrusion from continuing. Bathroom ceiling must be scraped and repainted so it is free from mildew and in good condition. 14 days .500 2. Jamb at the bathroom door is rusting and chipping.Scrap and repaint or replace doorjamb so it is intact and in good condition. Owner to correct this violation within 14 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 :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 serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent B. You did not cause the violations and they can be repaired 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 1L (For this R 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. If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety or weU-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 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 Irweases or Evictions Prohibited(General Laws Chapter 186.Section 18 and Chapter 239 Section 2A). The owner may not increase your rent or evict you In retaliation for making a.complaint to your local code enforcement agency about 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 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 Habitabirdy. 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. 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 )NSUIT 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 SENDER: / •N COMPLETE THIS SECTIONON DEL IVERY ■ Complete items 1,2,and-3. A Signature : ent ■ Print your name and address,on the;reverse so that we can return the card to you. ❑Addresi ■ Attach this card to the back of the mailpiece, Q. R iv�(P*R ed Name C. Da of ' liv or on the front ff space permits. ' L� 1. Article Addressed to: D. Is delivery address dfferent from 1 ❑ es If YES,enter delivery ad elow No �Cl(,ems, �� A-�,`����r�-y 3. Service Type p Priority Mail ExpressQS III II[III I II I'I I III I I III[I III I IIII I I I I I II I III ult Signature 0 Registered Mail- ❑�Cdrti ied male Restricted Delivery O Registered Wall Roar 9590 9402 7088 1251 4700 05 0 oantned Mall Restricted Delivery 0 Signature Con rmatio O Collect on Delivery ❑Signature Confimwtio 2. Article Ni irnhar?ransfer from Service fabOD O Collect on Dellvery Restricted Delivery Restricted Delivery 7020 0640 0001 4055 3379 Dellv«y P5 Form 38,1#;.duly 202©P$N 7590-02- U -803 � Domostic Retum Recei ; mot ' bra- --- l USPS TRACKING# First-Class Mail Postage&Fees Paid III 111111 USPS " Permit No.G-10 9590 9402 7088 1251 4700 05 United States •Sender:Please print your name,address,and ZIP+4®in this box• Postal RECEl ED CITY OF SALEM SEP 142 23 (� BOARD OF HEALTH 98 WASHINGTON ST,3RD FL CITYOFSALEM -l SALEM,MA 01970 BOARD OF HE LTH - TM U.S. Postal Service ir CERTIFIED a RECEIPT N Domestic Maii Only m m For delivery information,visit our website at www.usps.comi'v. F F I OCertified Mail Fee Extra Services&Fees(check box,add fee as appropriate) ElRetum Receipt(hardcopy) $ Q ❑Retum Receipt wectronic) $ Postmark Q ❑Certrflea MM Restricted Delivery $ Here 0 []Adult Signature Required $ ❑Adult Signature Restricted Delivery$ 0 Postage ra S p Total Postage and Fees C] $ ru Sent To Street and Apt.No.,or PO Box No. ------------------ --------------------------- City,State,ZIP+4� - --------'--- PS Form _0, April 2015 ,„•