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71 Proctor st #1 complaint 4-27-23 CITY OF SALEM, MAiLPostal Service` BOARD OF H - 98 WASHINGTON- o' '' Only SALEM,T m TEL. (97F L-n . ROBERT MCCARTHY health p Certified Mail Fee E CHO $ ACTING MAYOR EXtffl.SetV)Cea&Fees(check Lbx,8d0 fee 85 , Retam ReoeiOt(t+ardooPy) $ BOPropdaMJ � El p ❑Rehm R0MOt(eiectron,c) - $p ❑Ce+tiFed Meg ResniOted Delivery $ Postmark p QAtlu@ Signature Requ'red Here p ❑AduB S.gnaturo ReStnMed DeiNey$= Postage p Total Postage and Fees Florian Qoqi $ p 112 Lynde Street ni Sent r° Melrose, MA02176 pie;aa�t:No.:orPdBozNe:---------------------------------------- ��is"stare:zia+a VIA Certified mail—7020 0640 0001 4055 3003 a-------------------------- ------------------------------------------ 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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.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