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170 NORTH STREET, #1 - VIOLATION ORDER LETTER-OCT., 2024 • M� CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,3Rn FLOOR TEL. (978)741-1800 DOMINICK PANGALLO health c&salem.com DnvrD GR>✓INsnutvt,RS,CHO MAYOR HE;uL-nI AG1.,,NT October 3,2024 170 North Street Realty Trust Joan&Martin Nunes,Trustees 84 Tremont Street Peabody, MA 01960 VIA CERTIFIED MAIL: 9589 0710 5270 0283 0534 00_ Dear Sir/Madam: In accordance with Chapter 111, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.000; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of the property 170 North Street#1,permitted by occupant Julie Lawless conducted by.David Greenbaum, Health Agent, on October 3,2024 at 9:00am.. 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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by an attorney.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 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. For theCnaum lth Davits Health Agent cc: Tenant M MASSACHUSETTS CITY OF SALI; , . t.� BOARD OF HEALTH PublicHedlIk 98 WASHINGTON STREET,3 FLOOR Pre—t.Promote.Protect. TEL. (978)741-1800 DOMINICK PANGALLO health&salem.com DAVID GRh1NB11UM,RS MAYOR HEALTFI AG I'INT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Julie Lawless Occupant Phone: 860-514-7313 Occupant Address: 170 North Street #1 Salem, MA 01970 Owner Address: 84 Tremont Street Owner/Manager: 170 North Street Salem Realty Peabody, MA 01960 Trust :bane & Martin Nunes, Trustees Inspection Date: October 3, 2024 Inspection Time: 9:00am Conducted By: David Greenbaum 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: 1. The light in the children's bedroom appears to have faulty wiring: Owner to hire 10 Days .235 a licensed electrician to have the wiring inspected and repaired as needed. 2. The electrical outlet the refrigerator is plugged into does not appear to be 10 Days .235 installed correctly and is held in the socket with cardboard. Owner to hire a licensed electrician to inspect this outlet and re, air as needed. 3. The light in the shower does not work. Owner to hire a licensed electrician and 10 Days .235 repair the light to good working order. 4. There is a broken kitchen drawer front. Repair or replace the drawer front. 10 Days .100 (A) 1 5. There is no owner information posted at this property.. Owner must post their 10 Days 400(A) 1-3 contact information in accordance with the referenced code sections. 6. There is no carbon monoxide detector in this unit. Owner to install carbon 24 Hours .330 monoxide detectors in accordance with all applicable codes and regulations. NOTE: There is no valid certificate of fitness for this unit. Owner to correct the above noted violations, apply for and receive a certificate of fitness from the Board of Health. One or more of the above violations may dFinger or materially impair the health, safety and well-being of the occupant(s) Code Enforcement Inspector Este es un document legal importante. Puedi que afec a sus derechos. Puede adquiriruna traduccion de esta forma. The Commonwealth of Massachusetts kx - Department of Public Health Notice of Occupants Legal Rights 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, J5 CM 410.000,Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter ll), 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.aov/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 Re nest in Writin 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.orp 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: massleRalhelp.org/legal-tactics or n. 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/orps/housing-court/locations or mass.gov/ores/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-detaiIs/iearn-aboUt-Court-service-L. 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, C). 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. 8A).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;2 • The rental property owner knew about the violations before you started withholding your rent;and. • You did not cause the violations. Option 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.orA 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 DATE To!] MESSAGE Z�f/zj- z L_U os s )-?o lug - A A , ScA fan A 1'61 2cj gj�sllfs AQ go&" c SIGNED A-SO1 167 []PLEASE REPLY NO REPLY NEEDEDI T-4150 t r --71: -7- Verify your Current Temporary Living Situation • According to your application, you are temporarily living at 170 North St. Apt 1, Salem, Massachusetts 01970. C If incorrect, update it in your CHAMPaccount, call (978) 935-4900, or email CSQuestionsCa)discoverasg.com to update it. • Provide documentation of Temporary Living Situation such as: o Shelter verification letter; o A letter from a person you may be temporarily staying with; o Any letter from a community figure, such as police, clergy member, social service agency, etc; or o If you don't have any of these documents, call (978) 935-4900 or email CSQuestions,�D disco veras com for more.options. Verify Your Housin>?Situation Based on your application, your homeless status is due to one or more of the following causes. Please upload or mail in copies of the required documentation. If you do not have any of the documentation listed or have questions, call (978) 935-4900 or email CSQuestions(a)discoverasg.com for more options. Housing Situation Category Required Documentation to Verify Displacement IB !�J � Official order of displacement due to code enforcement for minimum standards of fitness for human habitation by the Condemnation/Code Violations State Sanitary Code, Building Code or local ordinance like !) zoning, such as an order of condemnation. Verify Your School AddressJ� • Your application indicates a child in your household attends school in Salem,. ✓ h`noq / Massachusetts. tl y1 C If incorrect, update it in your CHAMP account, call (978) 935-4900, or email CSQuestionsC�discoverasg com to update it. • Upload or mail a copy of one of the following for address verification: C Report card identifying the school and the child enrolled, a letter from the school verifying enrollment, a current school ID that shows the school and child's name. CHAMP 4 App ID:1117414335-Julie Lam = Nnticp of Renuired verification of Priority and Preferenre 01/2025 u) -O p g Ln w 0 7 37 - O 3 Ln 03 U7 -0 OD L D ..S ��G tf! 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