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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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.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 CERTIFIED o RECEIPT �. Domestic Mail Oniy For Bof Health � a� if J Certified Mal Fee, avid l$ Health Agent t_r1 Extra Services&Fees(check box.add W as appropnate) ❑Return Receipt(hardcoPy $ p ❑Return Receipt(electronle) $ Postmark cc: tenant O ❑certmed Mall Restricted Delivery $ _ Here C3 ❑Adult Signature Required $ r ❑Adult Signature Restricted Delivery$' C Postage rul ,S r` Total Postage and Fees ru S Sent To ru ----------------------------------------------------- Street end Apt.No.,or PO Hox No. N ®-------------------------------------------------------------------- Crty,State.ZlP+4 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