192 MARLBOROUGH ROAD - BUILDING INSPECTION (2) co CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
A gj 120 WASHINGTON STREET, 4TH FLOOR �Vo
SALEM, MA 01970
TEL. 978-741-1800 \"
4' FAX 978-745-0343
STANLEY J. LISOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
September 2, 2003
Marie Gagnon
16 Lockwood Lane
Topsfield, MA. 01983
Dear Ms. Gagnon:
In accordance with Chapter 111, Sections 127A and 1278 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 II
Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 190-192 Marlborough
Road occupied by Diane DeFazio, conducted by Jeff Vaughan, Sr. Sanitarian, on Thursday August 28, 2003 at 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Order should be modified or withdrawn.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:
annne Scott Jeff Vaughan
Health Agent Sr. Sanitarian
Certified Mail: 7099 3400 0009 4079 0719
CC: tenant,building inspector
G, CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
i 120 WASHINGTON STREET. 4TH FLOOR
SALEM, MA 01970
�s TEL. 978-74 1-1 800
FAX 978-745-0343 Page 1 of L)
STANLEY IJSOVICZ. JR JOANNE SCOTT, MPH, RS. CHO
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant : Diane DeFazio Phone: (978) 740-1082
Address: 190 Marlborough Road (192) Apt.# Floor
Owner. Marie Gagnon Address: 16 Lockwood Lane
Topsfield, MA. 01983
Inspection Date: August 28, 2003 Time: 4:00 PM
Conducted By: .teff Vaughan Accompanied By: tenant
Anticipated Reinspection Date:
Specified Time Reg.#410.. VIOIatton(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:
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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 ti Sr. Sanitarian
Este es documento legal importante_ Puede que afecte sus d�erechos.
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 seriouti
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 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.
The information presented above is only a summary of the law. Before you decide to withhold rent or take anv
other legal action, it is advisable that you consult an attorney. if you can not afford to consult an attomey, you
should contact the nearest legal services office, which is
North Shore Community Action Northeast Housing Court
Programs Inc. 2 Appleton Street
98 Main Street Lawrence, MA. 01840
Peabody, MA. 01960 (978) 689-7833
(978) 531-0767
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