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27 SALEM STREET - STREET FILE r00 CITY OF SALEM MASSACHUSETTS lu BOARD OF HEALTH 120 WASHINGTON STREET 4"'FLOOR PublicHealth 7 Prevent.Promote.Protect. To- (978) 741-1800 FAX(978)745-0343 KIMBERLEY DRISCOLL h-aindinQ4 saleln.com LARRY Rr1M.DLN,RS/RI?IiS,CI IO,CP-FPS MAYOR Ht?A rE-i AGr NT June 11,2013 Brian Boches/Chris Sweeney 27 Salem Street Realty Trust 19 Rezza Road Beverly,MA 01915 VIA CERTIFIED MAIL: 70121640 0002 3312 9342 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 27 Salem Street#1 R,permitted by occupant Yohanna Vargas, conducted by David Greenbaum,Senior Sanitarian and Elizabeth Gagakis,Sanitarian on June 7,2013 at 8:30 a.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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by an attorney.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 and 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: rrY in Elizabeth Gagakis Healt Agent Sanitarian LR/eg cc: Tenant V � Q k Ix 2 a �& §E - � ° § �> F / � / % � >4 ■ r a §f% /r-I � \ 7k0 m @ c ¥ k §/-2 El / § � [/ »- s k &] © Q � ■ { �«� a % § § § ; / f \ t)\ c j 222 • Z, CD 9 a $ {tO < ff � ; @ § / &f 7 7 k k�0 ~ ) $ ��7) f / r- o w \ \ k$a2 7 / Z % f/ Ek k s So df 8ƒ k \ / � LIO, )/ �/ \ d m J ■ k .%m o ` � a / / q F-I 3 � � R E q 0 / U £ / @ k \ Ito � co ■ Le \ E C4 :N >4 % 2� � 7 % @ $4 f z� °tom $7 ■ � # ■ ■ c *w o Uzic > % 2 . § g < ° .k - J » m0) . s . . Q b g « ] 2 � mot .0 o m m .$ ok . t k § � g o m w ■ . - . . _ K o ■ e e « # \2 4 . ate m E » ■ a <g A 2 ■ N 0 . ;a ® r g.m O 0 © D w ./ \2 J i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ; 0 Complete items 1,2,and 3.Also complete A. Signature t item 4 if Restricted Delivery is desired. ❑Agent X 60 CLa Print your name and address on the reverse �"r+■ ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. D 'e oy Delivery a Attach this card to the back of the mailpiece, �1 jIn I or on the front if space permits. !! - - - D. d from item kem 1. Article Addressed to: S,enter I iv ress below: ❑ No ��1 es�c�►��' C'y ,� ,UN2�2p13 �, I aR `�2�RpYI Z PF f I&CLt1y TICS* I Ole 7,7-a ccd 3 � . Servicetifi i �1 ` , 11��4 �(�t15 )d Certified Mail ❑Express Maii Y ❑Registered ❑Return Receipt for Merchandise i ❑Insured Mail ❑C.O.D. 1 4. Restricted Delivery?(Extra Fee) ❑yes i 2. Article Number 7 012 1640 0002 3 312 9342 (transfer from service label) I 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I r I UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid o USPS Permit.No.G-10 4 9,• er� a'Ont your name, address,and ZIP+4 in this box• C\/ 95 sty of Salem &ard of Health 120 Washington Street 4th Floor Salem, MA 01970 i '�li'i IIII 111)11I TIN 11111i1r.11ill!W'111,1 it r 11ir!lri LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING AE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING )DE VIOLATIONS CORRECTED. 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: 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 vent. 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 iL (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 W.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 node 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 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. 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. Unfair 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 NSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: North Shore 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