300 Lafayette st #3 complaint 10-6-22 CITY OF SAI.EM, MASSACHUSETTS
\ � a BOARD OF HEALTH
\ 98 WASHINGTON STREET,3m FLOOR PubHcH dth
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978)741-1800
KIMBERLEY DRISCOLL healthLa)salem.com DAVID GREENBAUM,RS,CHO
MAYOR HEALTH AGENT
October 19, 2022
Teasie Goggin
9 Wisteria Street
Salem, MA 01970
VIA Certified mail—7021 2720 0000 5483 5187
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 300 Lafayette Street#3 conducted by
Elizabeth Gagakis, Senior Sanitarian and David Greenbaum, Health Agent,on October 6, 2022 at 3:00pm.
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 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modified or withdrawn.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 occur^^+' �TM hle
to them as outlined in the enclosed inspection report form. U.S. Postal Service
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PS Form
:10,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
IcaCITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET,3m FLOOR PublicHealth
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL health(a.salem.com DAVID GREENBAum,RS
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Toni Farinelli Owner: Teasie Goggin
Phone number: 978-419-3345 Address: 9 Wisteria Street
Address: 300 Lafayette Street#3 Salem, MA 01970
Salem, MA 01970
Inspection Date: October 6, 2022 Time: 3:00pm
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
Specified Time Req.#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:
ot.
2448 hours .482 1. Smoke detectors in front entry hallway and in tenant's bedroom were missing.
Owner to provide batteries so all smoke detectors are in working condition, and a
working CO detector must be provided and located within 10 feet of every sleeping
area. Owner to correct this violation within 24-48 hours.
2448 hours .351 2. Toilet was not working and was filled with waste at the time of inspection. Owner to
hire services of licensed plumber to repair toilet so it is in working condition; owner
to correct this violation within 2448 hours(toilet was repaired day of inspection).
24-48 hours .602 3. There were large accumulations of trash and trash bags throughout the unit,
including the kitchen, living room and the bathroom. Occupant must remove and
properly store all trash until it is disposed of; occupant to maintain unit in a clean,
sanitary manner free from trash and debris. Occupant to correct this violation within
2448 hours.
One or more of the above violations may endanger
//o,Wnaterially 'mpair the health, safety and well-being of the occupant(s)
Code Enforcement Inspector
4
Este es un document legal importante. Puede que afecte�s'us derechos. Ptuebe 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 Witiiholdirg(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 it. (For this it is best to put the rent
money aside in a safe place.)
Repair and Deduct(General Laws Chapter I I I Section 1271.)
The law sometimes allow you t"se your rent money to make the repairs yourself. If your local code enforcement
agency c ertifles 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 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 Habitability.
You may be entitled to sue your landlord to have all or some of your rent retumed if your dwelling unit does not
meet minimum standards of habitability.
Unfair and Deceptive Practices(General Laws Chapter 934
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 .
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 0960 Lawrence,MA 01840
(978)531-0767 (978)689-7833