Loading...
80 Linden st complaint 10-8-21 CITY OF SALEM, MASSACHUSETTS B Ol3RD OF HEALTH 98 WASHINGTON STREET,3RD FLOOR PablicHwlth SALEM,MA 01970 Prevent,Promote,Protect. TEL. (978)741-1800 KIMBERLEYDRISCOLL health a)salem.com �, DAB ID GREENBAUM,RS MAYOR HE[1LTH AGENT. • October 21,2021 Osborn Realty, LLC/Carolyn Ross 34 Lantern Lane Weston, MA 02493 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 80 Linden Street conducted by Elizabeth Gagakis, Senior Sanitarian on October 8, 2021 at 9:30am. 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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.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 them as outlined in the enclosed inspection report form. For ne Bo r of Health Reply to: eavt-iVGenbaum Elizabeth Gagakis Health Agent Senior Sanitarian cc: tenant Certified mail—7020 1290 0000 6088 7284 CITY OF SALEM, MASSACHUSETTS IV -d«r� BOARD OF HEALTH 98 WASHINGTON STREET,31iD FLOOR PublicHedth SALEM,MA 01970 Prevent. Promote,Protect. TEL. (978) 741-1800 KRABERLEY DRISCOLL health@salem.com D11V ID GREI;NBAUNI,RS MAYOR H&kL'r1-3 AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Brittany Dove Owner: Carolyn Ross/Osborn Realty LLC Phone number: 978 473-.1077 Address: 34 Lantern Lane Address: 80 Linden Street Weston, MA 02493 Salem, MA 01970 Inspection Date: October 8, 2021 Time: 9:30am Conducted by: Elizabeth Gagakis Accompanied By: Occupant Specified Time Reg. #410. Violation(s) Based upon a tenant complaint a permitted inspection was conducted in accordance with J Article II of the State Sanitary Code, 105 CMR 410.000. Upon inspection, the following were noted: 7 days .500 1. Front screen door does not close properly. Repair screen door so it is intact, in good repair and works properly to open/close/lock. Owner to correct this violation within 7 days. 7 days .500 2. Deadbolt on front door is misaligned and does not lock. Repair door and/or lock so the deadbolt can be used properly. Owner to correct this violation within 7 days. 7 days .500 3. Back screen door does not close properly. Repair screen door so it is intact, in good repair and works properly to open/close/lock. Owner to correct this violation within 7 days. 14 days .500 4 There was water noted in the basement with no discernible source; tenant has stated there has been water in the basement in the past in different areas of the basement as well. Investigate for any sources of leaking including seepage, pipes leaking etc. and take measures to prevent water from entering the basement. Owner to correct this violation within 14 days. a days .551 5. Left kitchen window has a hole in the screen. Repair screen so it is intact and in good condition. Owner to correct within 7 days.* *Screens are required to be installed between April 1 and October 30, both inclusive, each year. 2448 hours .482 6. One smoke detector on the third floor is beeping. Replace batteries and ensure this and all smoke detectors are in working condition. Owner to correct this violation within 24-48 hours. 7 days .500 7. There appears to be a leak above the third floor shower, evidenced by staining above the shower. Investigate for source of leaking and repair; repair/repaint ceiling in the bathroom so it is intact and in good repair. Owner to correct this violation within 7 days. 7 days .351 8. Insides of the toilet on the third floor appear to be broken; toilet does not flush properly. Repair toilet so it is intact and in proper working condition. Owner to correct this violation within 7 days. 7 days .351 9. Tenant had concern of the jets in the third floor tub not working. Investigate and repair if necessary so jets and tub function properly. Owner to correct this violation within 7 days. 24-48 hours .351 10. Thermostat on main level appears to need a new battery. Replace battery and ensure thermostat works properly to control the heat. Owner to correct this violation within 24-48 hours. 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 -HE 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 landlA 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 it. (For this it 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 ("se your rent money to matte 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 Increases 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 mating 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 SeWon 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 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. 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. 1E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT 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 COMPLETE THIS SECTION SENDER: COMPLFTE THIS SECTION ON. " ■ Com lets drr'ns _Vent ■ Print your name and address,on ttie reverse o% Sit that v� can return the cardIto you. ©Addmsset,. ■ Attach,this card to the back=of then mailplece, b.'A"W 1! b.t6d Nehi e} C. ite.of beilvery or oR the front'if kspace„permits. '� 1 Article Address -'to: D.Is tleliverjreddressthfferent ft�m'ibeml7 O'Yes ('1C���� 1f YES,enter deliverlraddriess fieldvli [ Ido VCz ufQ I ill 11vC'�/ L 4+1'y A YK We,z+u, mh oav;fa/3 III1I11 I 1 �i`I�I�Il�1�IIIII ,���IlII�I��I'�III 3 q"ppType 0V-0ty,fAeii6cf-0 o adun sl�ea;re o �' ist�d o MUR signab� ReWeted Delivery a D— 959049402.4296:8190 5826.69 �'`■edt"�� ° ' E3 Certified Mei1 F�5a1pta0;[ialhrery O Fletum rteoedpt for ❑GoIIeW on�etive 14iench�nd s8 j 2. Arfintw'Nu�nh�r;/Jiar>sf�rfitiin SB!)[/5�,18bef1 ❑C011 un_ elvery.;Hestttoted Delivery Ll Sfau'OonflmmQonTM 118ig�1atuta�Cor�fion '702P i fl29p 0000,�6Q8$ 7284 o�i y Reamomaoeu.ery ' PS Form3811,_.1u1y 20.15'PSN Z59U- OQ-J053 Domesticfietum Receipt, %A 020 First-Class Mail I Posfage&Fees Paid " USPS Permit No.G-10 9590 9402 4286 8190 5826 69 United States •Sender:Please print your name,address,and.ZIP+411 in this box* Postal Service RECEIVED " CITY OF SALEM N O V O 8 2021 x ' BOARD OF HEALTH -° 98 WASHINGTON ST,3RD FL SALEM,MA 01970 CITY OF SAL =M _ BOARD OF HE ,1,f1l1)1I1 fill,li3h�1lar+-+11�11l�'1l1�1i"�1�'!'1'I I