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CITY OF SALEM, MASSACHUSETTS IV
n
BOARD OF HEALTH
98 WASHINGTON STREET,3RD FLOOR PublicHealth
Prevent.Promote.Protect.
SALEM,MA 01970
TEL. (978) 741-1800
DOMINICK PANGALLO health&a,salem.com DAVID GREENBAUM,RS, CHO
MAYOR HEALTH AGENT
December 18, 2024
Robert Willwerth
39 Main Street
Saugus, MA 01906
Via certified mail—9589 0710 5270 0283 0536 91
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 278 Lafayette Street#1 by Elizabeth
Gagakis, Senior Sanitarian on December 17, 2024 at 1:00pm.
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, please 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modified or withdrawn.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, nirders. and other documentary information in the possession of
this Board, and that any adverse party has the right to be presen±
Please be advised that the conditions noted may enable the occi °' ° - able
to them as outlined in the enclosed inspection report form. m
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CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET,3'D FLOOR Pub]iCHWth
Prevent.Promote.Protect.
SALEM,MA 01970
TEL: (978)741-1800
DOMINICK PANGALLO healthnsalem.com DAVID GREENBAUM,RS,CHO
MAYOR a HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Elizabeth Rossman Owner: Robert Willwerth
Phone number:617 921-8888 Address:.39 Main Street
Address:278 Lafayette Street#1 Saugus, MA 01906
Salem, MA 01970
Inspection Date: December 17,2024 Time: 1:00pm
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
Specified Time Re .#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:
24-48 hours .160 1. Tenant had complaint of lack of heat.At the time of inspection,the following temperatures
were recorded: Front livingroom—55.5 degrees F., small living room-59 degrees F., side
bedroom—57.5 degrees F.,front bedroom—55 degrees F. Upon inspection in the
basement it was noted that the boiler had been disconnected and appears to be in the
process of being removed. Owner must immediately replace boiler so heat is restored to all
units in the building. Owner to correct this violation within 24-48 hours.
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 adqu.irir una traduccion de esta forma.
The Commonwealth of Massachusetts
Department of Public Health
� 3 f Notice of Occupants' Leal Ri,hts and Responsibilities
This document summarizes some of the legal options that you may have when the owner of a property you live in has
not fixed certain problems in your home,as required by the state Housing Code(105 CMR 410.000).This is not legal
advice.Talk to an attorney before you decide to withhold your rent or take other action described here.
Safe and Healthy Rental Housing:
Rental housing in Massachusetts must meet minimum standards to protect the health, safety,and well-being of occupants.
The Housing Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation(State Sanitary Code, Chapter ii),
is the state regulation that sets these minimum standards.The Massachusetts Department of Public Health, Bureau of
Climate and Environmental Health's Community Sanitation Program(CSP) issues-this regulation, but the standards are
enforced by local health departments.I CSP works with local health departments and the public to provide training and
technical assistance about the Housing Code..For more information; please see mass.gov/lists/housing-community-
sanitation.
Your Responsibility to Keep Your.House Safe and Healthy
The Housing Code also has requirements that people living in rented homes or apartments need to meet.There are some
problems like pests, mold,and keeping exits clear,that might need the owners and occupants to work together to fix the
problem. For example,occupants need to make sure there is no food or garbage left out that could attract pests or keep
their belongings out of exit hallways. If the local health department is doing an inspection,either by your request or for
another issue,the local health department may tell you there is something that you need to fix.The local health
department may issue you an order to correct and give you a certain amount of time to fix the problem.
Your Right to Safe and Healthy Housing and Protection from Retaliation
If you think that conditions in your home are unsafe or unsanitary and may violate the Housing Code,you should inform
your landlord first. If your landlord does not adequately address these concerns,you should then contact your local health
department.They will conduct free inspections of your home and will order your landlord to fix any violations of the
Housing Code.You can find contact information for your local.health department by calling your city or town hall or visiting
their website.City/town websites are listed at: mass.gov/lists/massachusetts-city-and-town-websites.
Your landlord is not allowed to raise your rent or try to evict you just because you have made a complaint to them or to
the local health department about the violations.This is called retaliation,and you may be able to sue the landlord for
damages if this happens and you made your complaint in writing(M.G.L.c.186,.s.18 and c.239,s.2A).
Your Right to a Hearing
You may ask for a hearing in front of your local Board of Health.You must do this in writing and within the timeframes
below. If you send a written request on time to the local health department,a hearing will be held within 14 calendar days.
If you do not make a written request within the timeframes below,you lose the right to a hearing:The chart below shows
the reasons you may request a hearing, and the timeframe you have to send the request.
Reason You May Request a Hearing Number of Days to Make the Request in Writing
.Your home was not inspected by the local health department 30 days from the day you contacted health department
The inspector did not find violations you think exist 30 days from the last inspection by the health department
The inspector did not issue an order to correct violations 30 days from the last inspection by the health department
The inspector did not enforce the order to correct 45 days from when the owner received the order to correct
Within five days after the hearing,the local health department is required to issue a final decision on your complaint(105
CMR 410.840). If you do not.agree with the decision,or at any point throughout the process,you can file an appeal in
housing court.
1 Depending on your city or town,this may also be called a Local Board of Health(BOH),Local Health Authority,or Inspectional Services Department.
This is the local code enforcement authority responsible for enforcing the regulations.
May 2023—revised November 2023
Your Options if an Owner Does Not Fix the Problems
If your landlord does not fix violations of the Housing Code in your home,you may have some options as described below.
These are not your only options, but they are common actions that tenants and occupants take in these situations. Before
taking legal action,contact an attorney to protect yourself. If you cannot afford an attorney,you may be eligible for free
legal aid services.Go to masslrf.org to find available options for free legal advice.To find additional information on your
legal rights and responsibilities when your landlord does not fix violations of the Housing Code,visit:
masslegalhelp.org/legal-tactics or madeuptocode.orE.
Option 1:Go to Court
If your landlord does not fix the problems that the local'health department ordered them to fix, or if you believe there
are problems in your home that may be in violation of the Housing Code,you may also ask a court in your area to order
your landlord to correct the problems.
To file a complaint,contact the Housing or District Court Clerk in your region.To find the closest Housing or District
Court go to mass.gov/ores/housing-court/locations or mass.gov/orgs/district-court/locations.These courts deal with
cases about residential housing including eviction, property damage,and Housing Code enforcement. For help filing a
complaint,you can contact Court Service Centers at mass.gov/info-details/learn-about-court-service-centers.
You can request that the court order the landlord to:
Fix the Problem:You or the local health department may file a petition in Housing or District Court to order the
owner to fix the violations of the Housing Code(M.G.L. c. 111,s. 127 A, Q.and/or
Refund Rent You Have Paid:You can file a complaint requesting that your landlord pay back all or part of the rent
you paid during the time that there were Housing Code violations.You can claim either 1) Breach of Warranty of
Habitability or 2) Unfair and Deceptive Practices(M.G.L. c. 93A),or both.
For both claims,you will need to prove that your home had Housing Code violations,and that the owner knew about the
violations and did not fix them. Breach of Warranty of Habitability can also be filed by the local health department.
Option 2•Withhold Rent Until Repairs are Made
If your landlord does not correct certain housing code violations,you may be able to hold back some or all of your
rent payment until they make repairs(M.G.L.c. 239,s.M).Save the rent money you withhold.A judge may
require you to pay all or some of it back. If they do and you don't have this money,you may be evicted. If you
withhold rent and'your landlord tries to evict you from your home,you will need to prove,at a minimum,that:
• The violations may endanger or materially impair the health,safety,or well-being of a tenant or occupant;z
• The rental property owner knew about the violations before you started withholding your rent;and
•. You did not cause the violations.
OiAion 3: Make the Repairs Yourself
State law allows you to use your rent money to pay for certain repairs (M.G.L c. 111,s.127L),and not pay that
amount in rent to your landlord.You cannot withhold more than 4 months' rent in a 12-month period to pay for
repairs. If you withhold some or all your rent and use it to make repairs and your landlord tries to evict you from
your home,you will need to prove:
• The local health department or court determined that the violations may endanger or materially impair the
health,safety,or well-being of a residential tenant, 2
• The landlord was issued an Order to Correct for those violations; and .
• The owner did not start the repairs(or sign a contract for work)within 5 days after getting the Order to
Correct and did not complete repairs within 14 days after receiving the notice of violations.
Option 4: End your Lease Early and Move
If you meet certain conditions,you may be able to end your lease or rental agreement and move out within a
reasonable time. Contact an attorney to find out more about this option. If you cannot afford an attorney,you may
be eligible for free legal aid services.Go to masslrf.org to find available options for free legal advice.
z These are serious violations which include problems such as not having heat,hot water,electricity or gas,or exits that are blocked.
May 2023—revised November 2023