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1000 Loring ave #A40 complaint 4-22-21 CITY OF SALEM, MASSACHUSETTS 10 Bo kRD OF HE-uTH \ 98 WASIU GTON STREET,3&0 FLOOR p SALEM,MA 01970 Prevent.Promote.Protect. MEL. (978) 741-1800 KIIABERLEY DRISCOLL hcalthrct:saterri.cotn. DA-vm GREENBAUM,RS MAYOR HI;.m.n I AGENT April 27,2021 Loring Towers 1000 Loring Ave Salem,MA 01970 Dear Sir/Madam: In accordance with Chapter III,Sections 127A and 127E 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 1000 Loring Ave#A40,conducted by Elizabeth Gagakis,Senior Sanitarian on April 27,2021 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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by an attorney.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 occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. &Agen ealth Reply to: , Elizabeth Gagakis Senior Sanitarian cc: tenant Certified mail—7012 3050 0001 2959 9409 CITY or SALE M,, M,:kssAc1lusETrs BOARD OF HEAL-TH 98 WASHING ON STREET,3PD Rom PgblicI3eslth SALrM,Mk 01970 pr"Tntlpromote.P'°`e" T'EL. (978)741-1800 K MBERLEY DRISCOLL healthksalem.com awn)GREENBAum,RS MAYOR Hr:.nn]AGENT r State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Lisandra Andrades Owner: Loring Towers Phone number: 781 632-4934 Address: 1000 Loring Ave Address: 1000 Loring Ave#A40 Salem, MA 01970 Salem, MA 01970 Inspection Date:April 22, 2021 Time: 3.00pm Conducted by: Elizabeth Gagakis Accompanied By:Occupant Specified Time Re:;.#410. Violation(s) Based upon a tenant complaint a permitted inspection was conducted in accordance with Article II of the State Sanitary Code, 105 CMR 410.000. Upon inspection, the following were noted: 3 days .500 1. Tenant had complaint of recurring leak in the bathroom ceiling. At the time of inspection, it was noted that a hole was opened up in the ceiling above the shower, and evidence of leaking was visible including staining and peeling paint. Find source of the leak and repair so leak does not reoccur;ceiling must be repaired and closed up so it is intact and in good condition. Owner to correct this violation within 3 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 '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 Lays 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 violation$ whkh are serious enough to endanger or materidy 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 8 a judge orders you to pay it. (For this R IS best to put the rent money aside in a safe place.) Repair and Deduct(General taws Chapter 111 Section 127L) The law sometimes allow you tQuse your rent money to make the repairs yourself. If your local code enforcement agency certirm 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 co!Wete 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 andior 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 HabitaNity, 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 I TAKE ANY.OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. iF YOU CANNOT AFFORD TO )NSULTAN 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 SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY t:>■ Compieta terns 1,2,,and3. A. S atu- ■ Print your name and address on the reverse X _ 3 Agent❑so that we can return the card to you. Addrea ■ Attach this card to the back of the mailpiece, S. ce by(Frfnred Name) C.10.0o ell or on the front if space permits. 1. Article Addressed to: D. Is deli ry address ditf' nt from item 1? ❑ves if YES,enter delivery Address below: ❑ No oiG7� III IIIIII IN 111l IN 11111111111111111111111111 D su gnWurs Restricted Delivery ❑e Type 0 �ep�Mail Rest 9590 9402 4286 8190 5833 83 tDC�MalM!c� DeUvary ❑Certttted Matt Restricted Detwery PNa ❑collect on Delivery" Merchendlee 2. Article Number(Thmsfer from servtoe/abeB D Collect on Delivery Restricted De%voy ❑819narure Confinnff c Mall ❑3l9rogm Confirr ooc 7 012 3050 0001 2959 9 416 Mall Restricted Delivery Restricted Del" PS Form 3811,July 2015 PSN 7530-02-000-9053 Danestic Retvm Roo& �gpg TRACKING# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 90 9402 4286 8190 5834 83 United States •Sender:Please print your name,address,and ZIP+40 in this box• postal Service4) t t fte«. RECEIV -�. MAY 10 20 1 SCt�' " 251070 CITY OF SAt M BOARD OF HEALTH '1101,lit14,t1it111'''ililii Jill}l'1iirJIi'i11}