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25-57 HARBOR STREET - BUILDING INSPECTION 9-7 ii 1 � , I _.. _ _' APPLICATION O ADULT NUMBER Trial Court of Massachusetts >: FORCOMPLAINT ❑ JUVENILE District Court Department , ❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street &L'u OtJ GOi10C7J��--� 'Eww Salem, MA. 01970 NAME OF COMPLAINANT Bt, U-,5/rte T J ' NO. OFFENSE G.L. Ch. and ADDRESS AND ZIP}CODE OF COMPLAINANT d NAME,ADDRESS AND ZIP CODE OF DEFENDANT 3. c;! 4. COURT USE A hearing upon this complaint application DATEOFHEARING TIMEOFHEARING COURT Uc ONLY---* will be held at the above court address on AT I *—ONL CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: �,, / Lv i'fGe C : f Y C. /UOT -L$ Su Gov l' @i7-a/ C' rt 442 A I f�.2 cL fwn /J 2 !L N7— e,'7-Z)7"` 7— S'7-a7"` L1 S,�..� a s- - a (,( a...tZi3 z a- �. s 7 X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIOEN) FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED B NO PROCESS TO ISSUE ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable ❑ Continuedto COMMENTS r COMMONWEALTH OF MASSAC14USETTS Essex, ss. Trial Court of the Commonwealth G��istrict Court Department Salem Division Docket Nos: 9936 CV 540 9936 CV 554 John Drohan, Plaintiff vs. William Arnold, Defendant and Daniel Paul Sirois, Plaintiff vs. William Arnold, Defendant RDER: These matters came on for hearing before the Court on April 16, 1999 and essentially arise out of the same tenancy involving the plaintiffs as room mates in the defendant's unit located at 27 Harbor Street, apartment three, Salem, Massachusetts. Prior to the April 16, 1999 hearing both plaintiffs had been granted temporary restraining orders by the Court against the landlord pursuant to G.L. Ch. 186, section 14. After hearing on these matters with all parties present, the following is ORDERED by the Court: 1. During the lawful tenancy of the plaintiffs upon the defendant's premises,the defendant is hereby ENJOINED from seeking to further exclude the plaintiffs or their lawful household members or guests from residing upon or frequenting the premises located at 27 Harbor Street, apartment three, Salem, Massachusetts. 2. Except pursuant to a valid court order, the defendant is further ENJOINED from seeking to recover possession of said premises from the plaintiffs or further moving, removing, disposing of or tampering with the plaintiffs' personal property on the premises (including the garage)or utilities servicing said unit. 1 � _ -two- 3. In similar fashion, the defendant is ENJOINED from taking any action designed to / constructively evict the plaintiffs from said premises including use of threats,force,coercion, harassment or by physically assaulting or touching the plaintiffs or their household members or guests. 4. Within forty five days hereof,the defendant shall comply with the outstanding order of the City of Salem dated March 25, 1999 regarding health code violations found upon said premises and the defendant shall remedy those violations as ordered by the city's code enforcement a defendant to accomplish the same department.The plaintiffs shall reasonably cooperate by providing the defendant with reasonable access to the premises during reasonable hours. 5. Until further order of this Court or the Northeast Division of the Housing Court,all rent checks being withheld by the plaintiffs in this matter and made out to the landlord shall be deposited with the Clerk Magistrate of this court who shall hold said checks in a safe location with the papers in this case for a period of time,not to exceed forty five days whereupon questionthe of defendant may file a motion with notice to the plaintiffs seeking a hearing delivering said checks to the landlord,retaining them with the Clerk-Magistrate'si�n or returning them to the plaintiffs based upon findingsto be made b this Court regarding compliance by the defendant with the provisions of this order. 6. After hearing,with notice to all parties in interest,any party to this action may seek modification or dissolution of this order by either this Court or the Northeast Division of the Housing Court. 7. Persons violating the provisions of this order shall be subject to contempt proceedings as ordered by this Court after hearing and pursuant to applicable law. O ed 12 metta,Ro , �el April 16, 1999 Justice Copies to parties:4/16/99 Cttp of Salem, fKam5acbm6ett.5 + �r Public Propertp Department Wuilbing Mepartment One 6alem green (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 29, 1999 `�y( William Arnold 25-27 Harbor Street Salem, Ma. 01970 RE: 25-27 Harbor Street Dear Mr. Arnold: On Friday, March 26, 1999, the Health Inspector, Mark Tolman and I conducted an inspection of the third floor apartment located at 25-27 Harbor Street and found the following violations; 1. Flooring in bath needs replacing. General condition of bathroom is poor. 2. Son's bedroom should not be used as bedroom. Egress through this space requires that the door stays open at all times. Also the ceiling height is not sufficient as a habitual room. 3. Rear porches need some repair work and reinspected. 4. Openings around chimney where heating pipes come up from basement need to be sealed at each floor level. Please contact this office to arrange for a reinspection of this property. A building permit is also required for the porch work. Thank you in advance for your anticipated cooperation in this matter. Sincer Q U Thomas St. Pierre Assistant Building Inspector cc: Joanne Scott, Health Department �CONOIT,(,r n � f C CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel: (978)741.1800 Fax: (978)740-9705 March 29, 1999 25-27 Harbor Street Realty Trust William Arnold 27 Harbor Street Salem, MA. 01970 Dear Mr. Arnold In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter ll: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property located at 27 Harbor Street occupied John Drohan conducted by Mark Tolman, Sanitarian on Thursday, March 25, 1999 at 10:00 A.M.& 4:00 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 Health Department at 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 Salem District 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 or 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: oanne Scott Mark Tolman Health Agent Sanitarian cc: Tenan , Building Inspector nd Councillor Peter Paskowski Encl : Tena ertificatio Form Certified Mail#Z 032 688 522 JS/sjk c-h-violet ro CITY OF SALEM HEALTH DEPARTMENT Nine North Street r✓�• Salem, Massachusetts 01970 Page 1 of_a State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : lk,\ 6rol,pn Phone: 2Y,9-/aaS' Address: al HArrS-4- Apt.# 3 Floors _ !as-d7 Ar Sre�Ity TrJs{ Owner:_w;II;AM Arnold Address: a-r HArbnr t� SAIe�+ M146c 014 Ya Inspection-Dafe: 9&sb- 9 Time: /D'e� "Op'aM Conducted By: mARK T lean Accompanied By: i AAn� Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) Based on 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: 30 el S <co o r C :1j' I to 4OAffiev- or- door- AA+ Leads n J , velpaired, AFA,- a ve &eA 40- Seo"" ' i e_c m 3e� A40 Darren' EIS r. E u e d S 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 � � CITY OF SALEM HEALTH DEPARTMENT a Ufa Nine North Street Page g, of_� Salem, Massachusetts 01970 Date: a13.sj9r Name: Sa(.n pe4nm Address: ;LT NArbor, sf Specified Time Reg.#410.. Violation(s) 7 6 30 3S/ oo e eam e ! eL and ' et, q8k's a00 101 e cry-*_ ,. 0 9curce.5 or +0 Su r o --rengnli are Sin e 4ee OIJA4. K) City of fpalem, Aa!5!5arbugettg r Public Propertp Mepartment Nuilbing Mepartment One 6alem green (976) 745-9595 Ext. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 29, 1999 William Arnold 25-27 Harbor Street Salem, Ma. 01970 RE: 25-27 Harbor Street Dear Mr. Arnold: On Friday, March 26, 1999, the Health Inspector, Mark Tolman and I conducted an inspection of the third floor apartment located at 25-27 Harbor Street and found the following violations; 1. Flooring in bath needs replacing. General condition of bathroom is poor. 2. Son's bedroom should not be used as bedroom. Egress through this space requires that the door stays open at all times. Also the ceiling height is not sufficient as a habitual room. 3. Rear porches need some repair work and reinspected. 4. Openings around chimney where heating pipes come up from basement need to be sealed at each floor level. Please contact this office to arrange for a reinspection of this property. A building permit is also required for the porch work. Thank you in advance for your anticipated cooperation in this matter. Sincere Thomas St. Pierre Assistant Building Inspector cc: Joanne Scott, Health Department • � h CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel: (978)741-1800 Fav (978)740-9705 March 29, 1999 25-27 Harbor Street Realty Trust William Arnold 27 Harbor Street Salem, MA. 01970 Dear Mr. Arnold : In accordance with Chapter 111, Sections 127A and 1276 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 located at 27 Harbor Street occupied John Drohan conducted by Mark Tolman, Sanitarian on Thursday, March 25, 1999 at 10:00 A.M.& 4:00 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 Health Department at 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 Salem District 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 th'atyou'have the right to inspect and obtain copies of all relevant inspection or 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: §oanne Scott Mark Tolman _ Health Agent Sanitarian cc: Tenan , Building Inspector nd Councillor Peter Paskowski Encl : Tena ertificatio Form Certified Mail#Z 032 688 522 JS/sjk oh-violet 0 CITY OF SALEM HEALTH DEPARTMENT Nine North Street ivy Salem, Massachusetts 01970 . Page 1 of a_ State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : !kN prol^,nn Phone: 2yy-/aas' Address: -a Har�ersi Apt.# 3 Floor_ AS-d7 ar •'ST eci tY TrJS{- Owner: I.;Il;Am Araoij Address: al Hnrl,,rs4- Sralem rv,xi<c owY0 Inspection Date: a/asy94 Time: io:oe yoo�M Conducted By: maau TolMan Accompanied By: i nnnd- Anticipated Reinspection Date: Specified Time Reg.0410.. Violation(S) Based on 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: S" koo All Or c ,'l1 i o d e e ev cage Ce ' i e. e A 6- Ce"11,0 ea 3e CUTVC 16" kin Ea `d lace-1,;Ce u i'vie4h1loil to "Or. , cal 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 documento legal importante. Puede que afecte sus derechos. Appendix II (14) Legal Remedies for Tenants of Residential Housing The following is a brief summary of some of the legal remedies tenants may use .in order to get housing code violations corrected : 1. Rent Withholding(Massachusetts General Laws, 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: You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health of safety and that your landlord knew about the violations before you were behind in your rent. You did not cause the violations and they can be repaired while you continue to live in the building. 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) 2. Repair and Deduct(Massachusetts General Laws, Chapter III, section 127L): The law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which may 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 the notice or to complete repairs within 14 days after notice, you can use up to four months rent in any year to make repairs. 3. Retaliatory Rent Increases or Evictions Prohibited (Massachusetts 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 raises your rent to try 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 damages or if he or she tries this. 4. Rent Receivership (Massachusetts General Laws Chapter II, section 127 C-H): The occupants and/or 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. 5. 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. 6., Unfair& Deceptive-Practices.(Massachusetts Gene a1-i aws,,Chapter.93A) :_Renting an apartment with code violations is a violation ofthe consumer protection acfand regulations, for which you may sue an owner. The information presented_above is only a.summary of the Iaw,_Before you decide_to.withhold rent or take any other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attorney, you should contact the nearest legal services office, which is Neighborhood Legal Services 37 Friend Street Lynn, MA. 01902 (781)-599-7730 1 , CITY OF SALEM HEALTH DEPARTMENT Nine North Street Page a of a Salem, Massachusetts 01970 Date: Name: .Tokn Droknn Address: ,27 Harbor sf Specified Time Reg.#410.. Violation(s) 0 30 3S/ do ` AzjAx4t i` Cb i e e te: O'nrS ,x00 .a01in dp�AYAPAL 'Ama _ c r e:w c o r a S -tAe. LAkicild4s e 4e SW 6&1 Ad a IepAn are 5 e T c ' E i e t Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s) BUILDING DENT Af.R 5 8 37 AM °90 Fps zl�raor�a��. April 4, 1990 To: The Building Inspector Dear Sir: I am the owner of the house a0&-27 Harbor St. , Salem. I've 0 ouse for over 33 years. I share the driveway with the i.'house at 21 Harbor St. I have 4 apartments. Till 4 years ago we never had trouble with parked cars in the driveway as well as in the yards. I have 4 garages and a C Harbor they have 5 garages. For the past 4 years the owner used the 5 garages for business, which made it difficult for us to get in and out of our yards. At 21 Harbor St. there are 2 apartments but 4 rents are collected. It's difficult to get out of my yard with 4, 5 or 6 cars in his yard. Thank You Sincerely Albert J. Demuele 1 � P IzW O r n u01£ $ w u aZ£££ J £LZ, < Oil Zri, Z£ 'Q « HaanHa O P Q ££ = 1119 X619/ a .p r..s /z Y SHd3SOf '1 5 Y d 35 - 0482 � s, � gq E!bZ II.... 1^,1 1 lL 1 °b WE , bt 2t a 0 e a v H A5 „ j', _ If e[ t tt - 06 12 61 U-91 II 9 f I 6-99 -9 ( es OObb °S Is Or r 1 09 49 9V �/ ZL£ OOS9 96091 0909 OLbb 09 OOFF _ o s- s 89£ LL9£ 9£ y9E a 1 w w/9LL * N 9-/Y# E £ 0908 o z+l� moa II Olt,;< 0,116/7 M t'9£ I -- 089E 09LF FZP� bIS� ' 1 tD Z5£ £ OO- 95£ F/8Z C90 36 9£ 19£ a£ �9 « 5£ L9£ y4 ab 0,s ro E9 Zb 09 ib o0, . 01 f 9 066/ ° ►-►b zs- S!,' ►c-at of ra 2a °E_al d a u 0, M i o to it ie'"^'-- z-az 61-e1 91 86p S-99 1 "96,6 99 a8zz 8/ 9L! y889 a a £It7 06zLea zol 56� X68 £6£ Z6F 16£ 069- '9" °- L6E 96$ I6Fl $ bl� o 0,8£ OL9! Co.;1; �i�l ass Ob p„088. b9ZS s0, a1 01-9 6$E 1 P 59�ba0 B90 'Zl 0££ 810, 9E st SNbbl :, , 9/9`9/ L00`£b m Lose zzo9 sib lot O 1784 00t7 P e m Z6 65 Moa ° .\ 'IS t L06/! ZEt/ m rtEb 00Z 09.0l H ,1 n ° b zn` 0£tp OOZ 6890 tz lien �qb \ I Y V 414 Q 01 2: m.'bZ 42\ lj e�4 is OtPb "` e 4 s0e sz8`sl 0 64 r 610, I J46t -5 ). •- I tI wV ffi 'f C �+ CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 June 1, 2000 William Arnold 27 Harbor Street Salem, MA 01970 Dear Mr. Arnold : In accordance with Chapter III, Sections 127A and 1276 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 27 Harbor Street#2 occupied by Gloria Jenkins conducted Jose L. Diaz, Sanitarian on Thursday, May 25,2000 at 5:45 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 Health Department at 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 Salem District 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 or 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: Scotr7ullding oanne Scot Jose L. Diaz Health Agent Sanitarian cc: Tenant& Inspector Delivered in hand by Constable Jose L. Diaz on Thursday. June 1. 2000. JS/sjk c-h-violet CITY OF SALEM HEALTH DEPARTMENT Page`7 of . Z Nine North Street _ Salem, Massachusetts 01970 State Sanitary Code,Ct>,apter_IL•105_CMR 410.000 Minimum Standards of Frtness'toFHtiinan Habitation Occupant: /✓ /� / Pn,Firi s Phone: Address: 077--- �ir�/J�=` t.,�r�/= 7� Apt. � /Floor Owner. � �11L1CQ Address: 02 rYlrl�iri Str.r� Inspection Date: --�-- �2 Titpe S.' SrS ,Qrhi. Conducted By: 7/ Z 1. �i�� Accompanied.By:., . 7Z Anticipated Reinspection Date: specified Reg # Violation Time 410. 1. _ . Based on a tenant coin hint an°inspedeion of apartment was conducted 'n accordance with chapter 11 of state sanitary code 105 CMR 410.000 n ' ector Noted: P --------- ------- —-,cam ii...��� ----------- -- One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) - Tac Code Enforcement Inspector Este es un documento legal importanle. Puede que afecle sus derechos Puede adquiriruna Iraduccion de esta forma . (4 °.. tr --3p.FD2iiP H _ ty 1 . . .. 4 L,J �Alq rY. Legal Remedies for Tenants of Residential Housing Ile following Is a brief rurrunary of some of the legal remiates tenants may use in order to get housing code violations corrected: 1. RentV ithholdine >, (Massacbusetis Genual Law's;Chapter 239:section 8A): If CoderV�i�atlpns Are Not Being Corrected you maybe entitled to hold back your rent payments.You can do this without being evtoud. f� A. You can prove that your dwelling uni(or common auras contain code violations whirb,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. he :.� ... B. You did not cause the violations and they can'be Rtkned while you continue to live in the building. C. You are prepared to pay any portion of the reatinto court if a judge orders you to pay it.(For this,it is best to put the, rent money aside in a safe place.)_ 2. Repairn_a d Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows 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 welt-being,and your landlord has received written notice of the violations; ; you maybe able to use this_remedy.If the owner fails to begin necessary repairs(or to enter into a written contract m have thedr made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in ang - year to make the repairs. — 3. RCLiatoty Rent Iner=or Ercfions Pmhthlte.'(Massachusetts General Laws,Chapter 186, section 18,and Cbapw239,:,- section 2A):-1be owner may not mcrmw-Yourrent orevict-you in retaliation for making a complaint to your local code a j enforcemwt ageacy about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint,he or she.will:have-to-showa good reason for the increase or eviction which is unrelated to your complainL.You may be able tosue'the landlord for damages of 6e or she tries this. 4. Rent R rriv rshin(Massachusetts General Uws,Chapter 11, section 127 C-H):The occupants and/or 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 cowl 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- BE entBEt ELQh_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 6. Unfair ud 2rLc [ive Pia -; es (Massachusetts General Laws, Chapter 93A)-. Renting an apartment with code violations is a violation of die consumer protection act and regulations, for which you may stir an ownet. l'he information presented above is only a summary of the law. Before you decide to withhold your rent or lake any other legal action, it is advisable that you consult an attorneyif you cannot afford to consult an attorney, you should contact the nearest legal services office, which is Neighborhood Legal Services 37 Friend SL Lynn, MA 01902 (617) 599-7730 CITY OF SALEM HEALTH DEPARTMENT Nine North Street Page of L Salem, Massachusetts 01970 Name: 24" -�T.t1�S Address: Specified Reg ff Violation Time 410. . . . S D - c I S 6i1��i 1 I _I ._ T •¢!;"^WN^^+^' 'e� M - ra Y +a. hM wa.r .P'a .'Wa'w-'ws'M+±ff.`s^'! Y y - +C'r "�..; v �"� Z>{�.y �, .a=-=c� � �;c �'. .!'�` --'•�':: �s . na�.",�' �'ms'Yy`..:.�i ii`. CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 June 16, 2000 William Arnold 27 Harbor Street Salem, MA 01970 Dear Mr. Arnold In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, a recent re inspection was conducted of your property located 27 Harbor Street#2 by Jose Diaz, Sanitarian of the Salem Board of Health on Thursday, June 15, 2000 at 5:45 P.M.. The violations noted in the report of June 1, 2000 have been corrected. Thank you for your cooperation in this matter. For the Board of Health Reply to: Joanne Scott Jose L. Diaz Health Agent Sanitarian cc: Tenant , & uilding.Inspector J S/sj k o-nw�ea