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CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4111 FLOOR Pillbk1ki lt11
Prevent.Promote.Protect.
TEL. (978)741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL liamdinQsalem.cam
LA1t1tY RA1•'ti)IN,RS/RT3HS,C:TTO,CP-FS
MAYOR HF-'ALrt:i AGr,NT
July 16,2013
31 Salem Street LLC
C/o Steven Vinci
19 Tophet Road
Lynnfield, MA 01940
VIA CERTIFIED MAIL: 70121640 0002 3312 9557
Dear Sir/Madam:
In accordance with Chapter III,Sections 127A and 127B 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 31 Salem Street 97 permitted by occupant Sara Montgomery conducted by
David Greenbaum,Senior Sanitarian on July 11,2013 @ 3:00 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 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 and to take positive action to prevent these violations from occurring in the future.
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and documentary evidence as to why this Order should be modified or withdrawn.You may be represented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:
Larryeyl-�
David Greenbaum
Health Agent Senior Sanitarian
cc: Stefany Taviani
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LEGAL.REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
E FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES_1 ENANTS MAY USF,�xOg��-p��_H��N�
,I1M0M170N"0RRECTEl3.-
Rent Withholding(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 e--ul p<vvu thai your dwewng unit or common areas contain code violations which are serious e - o- —
endanger or materially Impair your health or safety and that your landlord knew about the violations before yougwere
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.)
epair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you Muse 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 Weil-being and
your landlord received written notice. of=the violations, you may tie 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.da
Ys after notice
complete repairs within 14 days after notice you can use up to four months.rent in any year.to make the repairs. or to
:taCratory Rent Increases or Evictions.Priohrbited(Genial Laws Chapter 186.Section 18 arid Chapter 239 Section 2A)
The.ovmer may not Increase your rent or evict you In retallation 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 afferyou have made the
complaint he or she will have to show a good.reason lor 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.
nt Receivers*(Genera(Laws Chapter 111 Section 127C-H).
The occupants and/or the board of health-may petition the District or Superior Court to all rent to be paid into Hari
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
ach 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
meet minimum standards of habitability. not
air and Deceptive Practices(General.laws Chapter 93A).
Renting aft apartment with code violations is a violation of the-consumer protection.act and regulations for which you
may sue an owner.
FORMATION PRESENTED ABOVE 1S ONLY A SUMMARY OF THE LAW BEFORE YOU DECIDE TO WITHHOLD YOUR RENT
KE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO
iLT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHlCN IS:
North Shore CommunityAction Programs inc. Northeast Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 Lawrence,MA 01840
(978)531-0T67 (978)689-7833