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27 SALEM STREET UNIT 1L HOUSING COURT SUMMONS 3-20-2026 iImportantel iTradueW Enpotanl Tmdwil Quan TrQngl Diehl DOCKET NUMBER Trial Court of Massachusetts ORDER OF NOTICE 26H77CV000095 Housing Court Department CASE NAME Salem Board of Health v.Salem Real Estate Investment LLC PARTY WHO NEEDS TO BE SERVED COURT NAME 8 ADDRESS Salem Real Estate Investment LLC Northeast Housing Court 2 West Hill Place Boston, MA 02114 Fenton Judicial Center 2 Appleton Street Lawrence, MA 01840 NEXT COURT'EVENT 03/27/2026 09:00 AM Hearing on Request for Parties must appear at: Preliminary Injunction Courtroom D,4th floor Northeast Housing Court J.Michael Ruane Judicial Center AAA COUNSEL FOR ALL PARTIES(OR PROSE PARTY) AAA 66 Federal Street MUST ATTEND ON THE DATE&TIME SHOWN ABOVE Salem,MA 01970 TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above. Please be prompt to your court event,as the time has been reserved specifically for your case. If you do not participate in this court event the Court may rule against you,find you in default, dismiss your case or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at(978)689-7833. For all documents that you would like the court to consider you must provide a copy to the other side at least five(5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. Iffyour.event will take place virtually,you must provide the court copies of your documents in advance by mail,by hand delivery to the clerk's office,or by eFile(https:l/www.efilema.com/). For more information on eFiling, please refer to the website. If you have trouble participating in this court event,or if you need interpreter services or a reasonable accommodation(s), please contact the Clerk's office at(978)689-7833. This is a court event and the proceedings are an extension of the courtroom. Appropriate conduct is required. This court event may not be recorded without the courfs permission. If applicable, more information on housing resources,financial assistance(such as RAFT,ERMA and ERAP),and programs (such as the Court Service Center,Tenancy Preservation Program,and Lawyer for the Day)may be available to assist you. Please refer to this division's resource information sheet,available online at:https://www.mass.ggy1guldesif6ousing-court- resources. To sign up for text reminders of your upcoming court event, please read and complete our electronic form: httRso/L www.mass.goy/forms/ereminder-court.-dateznotmficat6on-sysim. To help with communication,please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE L__March 20,2026 John P. Riordan HC0055:M2022 www.mass.gov/courts Dame Printed:03-20.2026 12:01:48 Date Filed:3/181202610:36 AM Housing-Northeasl Docket Number: COMMONWEALTH OF MAsSSACHUSETTS NORTHEAST HOUSING COURT ESSEX,SS SALEM BOARD OF HEALTH ) Plaintiff ) V. ) SALEM REAL ESTATE ) INIJESTMENT,LLC ) Defendant } -WxE ATNT FOR INJUNCTIVE RELIEF. Salem's Board of Health files this complaint seelang an injunctive relief because a landlord is not providing sufficient heat to their tenant and has not made sufficient repairs to the heating system to make it function adequately and to the standard established by the sanitary code at a rental property located at 27 Salem Street,Unit 11, Salem,Massachusetts,owned by Salem Real Estate Investment LLC.This failure is despite several orders to remedy. JURISDICTION 1. The jurisdiction of this Court is founded upon the equitable powers of G.L.C. ill, § 127a) (allows enforcement of the Sanitary Code by injunction,restraining order,among other remedies)and G.L. c. 18gC,§3 (concurrent jurisdiction of housing court). 2. The Plaintiff is.the duly established Board of Health of the City of Salem. Date Tied:3/181202610:36 M Housing-Northeas Docket Number: 3. The Defendant is Salem Real Estate Investment,LLC which owns and operates the rental property located at 27 Salem Street, Unit iL,in Salem.Its business mailing address is 2 West Hill Pl, Boston,MA o2ii4. 4. The state sanitary code requires an operational heating system in rental properties and establishes a standard to which they must operate.See io5 CMR 410.i80. ' �ATF��NI'OF FACTS VERIFIED BY AFFIDAVIT 5. A tenant submitted a complaint to the Salem Health Department in regards to her residence at 27 Salem Street Unit A,in Salem,Massachusetts,stating that she did not have access to heat or hot water in her dwelling unit,on or around January 28,2o26. 6. On January 28, 2026,Jeffrey Barosy,a Sanitarian for the Salem Health Department,conducted a housing inspection. 7. During the inspection, Barosy observed that the unit did not have hot water,that the unit's heating system was not working,and that the toilet was not properly affixed to the bathroom floor. 8. Barosy mailed an Order to Correct and the Housing Inspection Report to the property manager on January 29, 2026. 9. The hot water was restored to the unit by February Yi, 2026,but the heating system still did not work on that date. io.On February 12, 2026, Barosy spoke with the property manager and the manager informed him that a new thermostat needed to be installed for the heating system to work. ii. Barosy re-inspected the dwelling unit on February 12,2026,at 9:30am. Date filed:311 a 2026 10:36 AM Housing-Northeast Docket Number: 12.During the re-inspection, Barosy observed that the toilet seat was still loose and that the heating system was still not working. 13. On February 20,Barosy mailed the first Remaining Violations Letter to Suffolk Property Management,LLC,via certified mail. 14.On February 25, 2026 Barosy followed-up by telephone and the property manager informed Barosy that the heating system had been repaired. 15.After speaking with the property manager,Barosy called the tenant who informed him that the heating system did not work. 16.On February 26,2026, Barosy conducted a second re-inspection and found that the heating system had not been repaired.The toilet also had not been repaired. 17. On February 27, 2026,Barosy mailed the second Remaining Violations Letter to Suffolk Property Management, LLC,via certified mail. 18.The heating system and toilet both remain in disrepair. Date Fled:3/18/2026 10:36 AM Housing-Northeast Docket Number: R�Ft 7 .ST FUR R.ELM Wherefore,the City requests that this Court: Issue a preliminary injunction ordering the Defendant to comply with the lawful orders of the City Sanitarian to fix the heating system in the rental unit so that it provides adequate heat to at least the standard set in the Sanitary Code.See 105 CMR 410.180 Respectfully submitted, City of Salem, By its attorney, Is/James F.Wellock James F.Wellock,BBO# 686926 City Solicitor CITY OF SALEM LEGAL DEPT. 93 Washington Street Salem, MA oi97o JWellockftalem.com. 978-619-5633 VERIFIC&MN I, Jeffrey Barosy, am the Sanitarian for the City of Salem and hereby swear under the pains and penalties of perjury,based upon information I obtained in my official capacity, that I have read the foregoing complaint and the facts stated therein are true and that no material facts have been omitted therefrom. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS a t .DAY OF MARCH,20P,6. 4 arosy . Sanitarian,City of Salem Date Filed:3/1&2026 10:36 AM Housing-Northeast Docket Number: COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ESSEX, SS. } SALEM BOARD OF HEALTH ) } V. } SALEM REAL ESTATE } INVESTMENT, LLC ) } MOTION FOR.-'!, PRELIMINARY INJUNCTION The Plaintiff,Salem Board of Health,hereby moves this Court for the issuance of a Preliminary Injunction ordering the Defendant to immediately make all necessary repairs to restore adequate and sufficient heat to the residential dwelling located at 27 Salem Street, Unit iL, Salem,Massachusetts that the Defendant owns and rents to a tenant. As set forth in the accompanying Verified Complaint the Defendant owns the above- referenced residential property and has failed to repair a non-functioning heating system despite notice and an order to correct issued by the Salem Board of Health. The absence of adequate heat in a residential dwelling constitutes a violation of the Massachusetts State Sanitary Code and poses an immediate threat to the health and safety of the occupants. Unless the Court issues injunctive relief,the occupants will continue to be subjected to unsafe and unlawful living conditions. Date Fled:3/18/2026 10:36 AM Housing-Northeast Docket Number: Accordingly,the Plaintiff respectfully requests that this Court: 1: Order the Defendant to immediately repair or restore adequate heat to the residential unit located at 27 Salem Street, Unit 1L, Salem, Massachusetts. 2. Grant such other and further relief as this Court deems just and proper. DATE: March 18, 2026 Respectfiilly submitted, City of Salem, By its attorney, s James F.Wellock James F.Wellock,BBO# 686926 City Solicitor CITY OF SALEM LEGAL DEPT. 93 Washington Street Salem,MA 01970 jwellock( Salem.com Tel: 978-619-5633 CERTIFICATE OF SERVICE I,James F.Wellock, Solicitor for the City of Salem,hereby certify that today I sent a copy of the foregoing Document to all parties of record by first class US Mail. /s/ James F.Wellock James F.Wellock, City Solicitor