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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 71 Proctor Street#1 conducted by
Elizabeth Gagakis, Senior Sanitarian on April 27, 2023 at 10:00am.
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modified or withdrawn.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 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.
For4e B d of Health Reply to:
A'j
6avi Gre nbaum Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: tenant
IV
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET,3FD FLOOR POlicH,> Ith
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978)741-1800
ROBERT MCCARTHY health(t salem.com DAVID GREENBAUM,RS,CHO
ACTING MAYOR HEALTH AGENT
State Sanitary Code, Chapter II : 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Olivia Trevisani Owner: Florian Qoqi
Phone number: 978 979-7138 Address: 112 Lynde Street
Address: 71 Proctor Street#1 Melrose, MA 02176
Salem, MA 01970
Inspection Date: April 27, 2023 Time: 1:00pm
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
7 -1
ed Time Reg. #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:
14 days .354 1 Tenant had complaint of cross metering of gas. At the time of inspection only one
gas meter was observed for this two-family property, which was confirmed by the
City of Salem plumbing inspector. If owner requires tenants to pay for gas, owner
must install and maintain piping so that any gas used in this unit is metered
through meters which serve only this unit. Hire services of licensed plumber to
obtain proper permits and correctly pipe and meter the gas for all units in the
building; please forward invoices for service to the Board of Health for our records.
Owner to correct this violation within 14 days.
7 days .480 2. Back entry door to the building was not able to lock properly. Owner must install
and maintain locks so that every dwelling unit shall be capable of being secured
against unlawful entry. Repair lock so door may be locked properly. Owner to
correct this violation within 7 days.
7 days .254 3. There was no working light at the entry to the basement stairs.Working lights must
be provided in all interior hallways and stairways. Hire services of a licensed
electrician to install light fixtures and switches so that light is provided and
accessible for the top of the basement stairs; please forward invoices for service to
the Board of Health for our records. Owner to correct this violation within 7 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 Wifthholding(General.Laws Chapter=Section ON
If Code Violations Are Not Being Corrected, you may be entitled to hold back your rent payments. You can do this
without being evicted K.-
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 yoour landlord knew about the violations before you were
behind in your rent.
B. You did not cause the violations and they can be repaired wf&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 1L (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 tQ:yse your rent money to make the repairs yourself. If your local code enforcemW
agency certifies that there are code violations which endanger or materially Impair your health,safety or well-being arid
your landford.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.
ReWafory Rent Increases or Evict 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 cafe 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 andlor the award 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.
iE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT
2 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
9..8 Main Street 2 Appleton Street
Peabody,MA 01960 Lawrence.MA 01$40
(978)531-0767 (978)689-7833