11 CHURCH STREET, #101 - LETTER-ORDER TO CORRECT VIOLATIONS m
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CITY OF SALEM MASSACHUSETTS
120 WASHINGTON STRL:I✓'r,4'"FLOOR
TFI... (978)741-1800
1~IIvII3EItLEY i7luSCOLL FAX{978}745-0343
MAYOR FAX
I,ARItY lti MDIN,RS/RFI-IS,CI
HI=,Al. I'FI AGEsN'r June 15,2011
Nicole P. Boggia
68 Manchester Street
Nashua, NH 03064
VIA CERTIFIED MAIL: 7010 1670 0001 6622 4636
Dear Sir/Madam:
In accordance with Chapter III, Sections 127A and 127E 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 11 Church Street#101 permitted by occupants Richard &Irene Shea conducted
by David Greenbaum, Senior Sanitarian on June 14,2011 @ 2,30 p.m.
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_
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and documentary evidence as to why this Order should be modified or withdrawn.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 the Board of Health Reply to:
Larry Ramdin David Greenbaum
Health Agent Senior Sanitarian
cc: Tenant
11 CHURCH STREET Condominium
City of Salem
Mass Housing (Health) - Inspection
Owner:;/'Maria'"er a ,t:;-
Compliance? Code IntlExt Floor Unit No Area Repair Code Repair By
';�; *'r 'y:::;_:, •:. c::,:;;r..,: ;3":: 1. ❑ 410.550(B) Interior First 101 AI!Rooms in Unit
Violation:Owner of two or more dwellingunits k the unit free of rodents,skunks,cockroaches and insect infestation
,t s �}:: �:*s. ,;•�.:w�.: _.,,x �
Par•„cel;�ld s �4x:_ ,,r=; of Ur ,ts:-x.=,.
.:;;:, Y• � �,,.�� ,���,,r,,,,.,..,,_i.�,.;.;s� tes: Rodent droppings were observed in the hall closet and in the bathroom. Owner to hire the services of a licensed pest co tro
" �' t f^r:: s l^E.•. -z ':.:"` ' ' erator and exterminat as often as needed to abate any infestation. Owner to forward extermination invoices to the Boar of
d
�::r: _ ''�. "„.,;::..::_•_+L;h:Eat:�:.:�:::;'3'"-- �� Health.
Owner must correct this violation within 24 hours.
2, ❑ 410.500 Interior I First 101 Bathroom
Volation:Windows,floors,doors,ceilings,roof in good condition
Dale "�T�RieaRe tested R
+
Yfs"r� Er r i, otes:There is an opening in the wll behind the washer and dryer in the bathroom. Repair and seal the hole.
`2It 2 30�PIA , '
�Da£e ofxlris ectror� � �
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4 Owner must correct this violation within 14 days.
iTuesday, .lrrt�e1 ,�#?
ReltispeCt ByekYyt �,
3. ❑ 410.500j interior First 101 Bathroom
R �h �9f°x Volation:Windows,floors,doors,ceilings,roof in good condition
�:
Reaso rt .001 spectlon y•,,
A k ,r+ G*r r �'���r , y` , �✓Notes:There are some broken cove base tiles in the bathroom. Repair or replace all broken tiles.
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y � 3 • ��' �,"� ' Owner must correct this violation within 14 days.
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enan�xt,iRIc�lard=�Irene Shea
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v, ��n 11Church Street#101��:
120 Washington Street,4th Floor*SALEM,MA*Phone:(978)741-1800*Fax:(978)745-0343
GeoTMS®2011 Des Lauriers Municipal Solutions,Inc. Pa e 1 of l
LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
IE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
)DE VIOLATIONS CORRECTED.
Rent WaMoWing Chapter 239 Section 8A)
If Code Violations Are Not Being Corrected, you may be entitled to hold back your rent payments. You can do this
without being evicted if:
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 your landlord knew about the violations before you were
behind in your rent
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent
money aside In a safe place.)
Repair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you to-use your rent money to make the repairs yourself. If your local code enforcement
agency certifies that there are code violations which endanger or materially impair your health,safety or well-being and
your landlord 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.
Retaliatory Rent Increases or Evictions 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 code 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 andfor the board 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.
3reach 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 minlmum standa
rds of habitability.
Jnfair 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:
INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT
TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO .
4SULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
North Shone Community Action Programs Inc. Northeast Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 Lawrence,MA 01840
(978)531-0767 (978)689-7833