73 School st #1 complaint 5-20-24 a' CITY OF SALEM, MASSACHUSETTS lu
BOARD OF HEALTH
98 WASHINGTON STREET,3'D FLOOR PPublicHealth
SALEM,MA 01970
TEL. (978)741-1800
DOMINICKPANGALLO health ci_salem.com DAVID GREENBAUM,RS,CHO
MAYOR HEALTH AGENT
May 20, 2024
John Purdy
61 Dennison Ave
Swampscott, MA 01970
VIA Certified mail—9589 0710 5270 0283 0519 25
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 73 School Street#1 by Elizabeth
Gagakis, Senior Sanitarian on May 8, 2024 at 2:30pm.
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, please 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modified or withdrawn.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.
F4avidr
of Health Reply to:
a�J Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: tenant
�+
' h CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
a 98 WASHINGTON STREET,3"n FLOOR PublicHedth
Prevent.Promote.Protect.
SALEM,MA 01970
TEL. (978) 741-1800
DOMINICK PANGALLO healthiu 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: Lisa Correa Owner:John Purdy
Phone number:978 881-8824 Address: 61 Dennnison Ave
Address: 73 School Street#1 Swampscott, MA 01907
Salem, MA 01970
Inspection Date: May 8,2024 Time:2:30pm
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
Specified Time Re .#410. Violations l
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:
7 days .550 1. Tenant had complaints of mice activity.At the time of inspection, several droppings were
noted in daughter's bedroom closet and several in the kitchen pantry.Owner to hire services
of licensed exterminator to inspect and treat this unit,all others and interior and exterior
common areas for mice: inspections and treatments must continue until problem is abated.
Please forward invoices for service to the Board of health for our records; please also notify
the Board of Health if occupants of other units do not allow access for extermination. Owner
to correct this violation within 7 days.
7 days .500 2. There is a large gap into the ceiling around the pipe in daughter's bedroom closet. Seal this
gap to aid in prevention of mice from entering. Owner to correct this violation within 7 days.
14 days .500 3. The bathroom has mold/mildew built up on the walls/ceiling,as has been noted in previous
inspections. Investigate for leaks from above/laterally and conduct any necessary repairs:
any necessary sections of walls or ceilings must be opened up to dry and ensure moisture is
remediated and no longer building up.Walls and ceilings must be scraped/repainted or
replaced in sections if necessary to ensure everything is dry and in good repair to prevent
this problem from reoccurring. Please forward any invoices for work relevant to this to the
Board of Health for our records. Owner to correct this violation within 14 days.
Note:This is a final inspection based upon all inspection and re-inspection reports
from 2022 to the present.Once the above violations are corrected these reports will
be closed out and any future issues will be treated as new,separate complaints.
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.
t
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 W"i olding(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 dweifrng 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 five 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 1270
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 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 Incises or Evictions Profu'6ited(General Laws Chapter 186.Section 18 acid 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. 9 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 1 i 1 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 WhItation of four months rent
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 nunimum 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.'
4E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT .
I 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
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CITY OF SALEM
MAY 3 0 20 4 `i BOARD OF HEALTH
98 WASHINGTON ST,3RD FL
CITY OF SALE A SALEM,MA 01970
BOARD OF HEA TH