35 UPHAM STREET - BUILDING INSPECTION Fj 35 Upham St. I�
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APPENDIX H(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:
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 rentinto 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. E=air rad D n (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 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 ther[H
made)within five days after notice or to completerepairs within 14 days after notice,you can use up to four months'rent in;any
year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohibit (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 tries to evict within six months after you have made
the complaint,he or she wilkhave.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 of he or she tries this.
4. Rent Receivership(Massachusetts General Laws,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 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 and Decepave 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 your rent or take any other
legal action, it is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the
nearest legal services office, which is:
Neighborhood Legal Services
37 Friend St
Lynn, MA 01902
(617) 599-7730
February.8."2000. FINN & SONS
rrinnncsrnnar.seat E1747I..ttri,u:ns
Ms. Cail Henshaw
75 Upham Street, Unit 2
Salem, MA 01970
Re: 1 aspect ions/repairs
Dear Ms. Hcnshaw.
We arc in receipt of Community Team Work's inspection report dated
January 20, 2000 as well as your letter dated Fehrnary 2. 2000 that you are withholding rent.
We immmedietcly .vchrdnlcd the nccessanrepair work with our maintenance man. He was just
in our office and has alleged Non have refused him access to your apartment.
This type of action on your part does not come as a surprise as you have slowed progress on
required repairs throughout your tenancy.
Please be advised that %ve are documenting these incidents which we will
later relate to the crnu1 during your eviction proceedings.
In keeping with the above referenced inspection reports as well as requests from our
insurance company we will have all tenant possessions removed from the common areas which
include all halls, basement. attic, as well as the rear porch. You have until Friday February 12,
2000 to remove any items, as anything remaining will be thrown out.
Thank you for your anticipated cooperation and Icts try to work together to make
35 Upham Street a better place to live.
Sincerely
James A. Finn, Manager
cc: Salem Board of Health
Conmunitc Tcam-Work
Salcm Building Inspcctnr
JAMES A. FINN & SONS, INC. 10 FRONT STREET • BEVERLY, MA 01915 • (978) 922-0379 • FAX (978) 927-2654
" Citp of. �&alem, fft55ar�u5ett5
uPs Public Propertp Mepartment
jBuilbing Mepartment
One�&dlem Oreen
(976) 7459595 Cst. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
September 10, 1999
James Finn & Sons
10 Front Street
Beverly, Ma. 01915
RE: 35 Upham Street
Dear Mr. Finn:
On September 9, 1999, I conducted an inspection of the above mentioned property and
found the following violations;
1. 780 CMR 919.3.2 Smoke detectors in bedrooms and basement need to be installed or
repaired.
2. 780 CMR 1014.6.2 Dimensional uniformity, Front and back stair.
3. 780 CMR 103.0 Maintenance, Railing on front and back stairs, overgrown weeds out
back, chimney on roof.
I would also like to inspect the second floor apartment at your earliest convience. I
would also like to do an inspection of 33 Upham Street as soon as possible.
If you feel you are aggrieved by this order, your appeal would be directed to the BBRS,
State Building Code Appeals Board.
Failure to respond to these orders within fifteen (15) days will result in legal action being
taken against you in Salem District Court.
r"
James Finn & Sons
10 Front Street
Beverly, Ma. 01915
page two
Thank you in advance for your anticipated cooperation in this matter.
Si9eerely,
Frank DiPaolo
Local Building Inspector
cc: Fire Prevention
Health Department
Councillor Hayes, Ward 6
Citp of *arem, '41a5garbU!5Ctt5
1 Public Propertp Mepartment
38uilbing Mepartment
Otte Salem Oreen
(978) 745-9595 Ext. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
February 3, 2000
James Finn& Sons
10 Front Street
Beverly, Ma. 01915
RE: 35 Upham Street
Dear Mr. Finn:
I conducted an inspection of the property located at 35 Upham Street and found the
following violations:
1. Front railings (ongoing since 9/10/99) This also was in District Court summons dated
10/7/99— CMR 103.
2. IST floor sink in bath still leaks badly.
3. Floor in bath was not structurally fixed in a proper manor.
4. Back door entrance is structurally sound, or tight to weather, must be replaced.
5. Failure to obtain a Certificate of Inspection according to Section 2-705, you shall pay
a fine of$20.00 a day for every day you do not obtain one.
Failure to comply with these orders within seven (7) days will result in legal action being
taken against you in Salem District Court.
Thank you in advanced for your anticipated cooperation in this matter.
Sincerely,
Frank DiPaolo
Local Building Inspector
James Finn & Sons
10 Front Street
Beverly, Ma. 01915
page two
cc: Mayor Usovicz
Councillor Hayes
SALEM HEALTH DEPARTMENT
9 North Street
,rp Salem.MA 01970
State Sanitary Code.Chapter_IL,a05 CMR 410.000
Minimum Standards of Faders citiuman Habitation
Occupant: ygcanl Phone:
Address: �nh {'pM S- ._ _. ..Apt. , _ Floor -
Owner SAmes F;nn � .ora,ev Vnimager Address: 11Aeon Ili,'
Inspection Date: �hJ /9_r Tena /l-W ant
Conducted By: MWrK i#&on Accompanied,By: _
Anticipated Reinspection Date:
Specified Reg a Violation
Time .:::. . ; 410
r. .. ..
Based on a ten8nt: 6om 18int art.YttspEcfion"of"apa'rtment'was conducted
accordance with chapter 11 of state sanitary code 105 CMR 410.000
;g m it t1
- ectof Noted:
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One or more of the above violations may endanger or maternally impair
the health, safety and well-being or the occupants (s) '
Code Enforcement Inspector
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.9Dsu;rtionlo IO�I, rt1POr1@nl0Puede,que:afecte sus derachn�
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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
April 3, 2000
James Finn
10 Front Street
Beverly, MA 01915
Dear Mr. Finn :
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 35 Upham Street#2 by Jeffrey Vaughan,
Senior Sanitarian of the Salem Board of Health on Friday, March 31, 2000 at
9:30 A.M..
The violations noted in the report of March 10, 2000 have been corrected.
Thank you for your cooperation in this matter.
For the Board of Health : Reply to:
oanne Scoti Jeffrey Vaughan
Health Agent Senior Sanitarian
cc: Tenant& Building Inspector
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