278 LAFAYETTE STREET - STREET FILE CITY OF SALEM, MASSACHUSETTS
a
BOARD OF HEALTH
KIM13ERLEY DRISCOLL 120 WASHINGTON STREET,4TH FLOOR
t MAYOR TEL.(978)741-1800
FAX(978)745-0343
LARRY RAMDIN,RS/REHS,CHO,CP-FS LRAMDINPSALEM.COM
HEALTH AGENT
COMPLAINT INTAKE FORM
Date: h Time: �[,} /aoA Received By:
Complaint Number: 0912
Complainant (bA'fk;C' _
Address: L .. Phone:�`J ` G
a at 6 V
Ala Or',e-
OA
Investigated By: Date:
Property Owner/Occupant Name Telephone#:
`W C0yJU,,R 76141
I
CI1"Y OF SALFM, MASSACHUSETTS 10
BOARD OF HEALTH
120 WASHINGTON STREET 4"'FLOOR PublicHealth
Prevent.Promote.Protect.
TEL. (978)741-1800 K-�x(978)745-0343
KIMBERLEY DRISCOLL ltamdin @salein.coin
L:11t1tY R.1IviD1N,RS/Rl?F1S,CI IO,CP-FS
MAYOR HI:,u:ri-1 AC;13N1'
July 30,2014
278 Lafayette Street Trust
Carolyn Willwerth,Trustee
70 Summit Road
Medford,MA 02155
VIA CERTIFIED MAIL: 7012 1640 0002 3313 0140
Dear Sir/Madam:
In accordance with Chapter III, Sections 127A and 127E 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 278 Lafayette Street#4,permitted by occupant Valerie Peterson,conducted by
David Greenbaum,Senior Sanitarian and Elizabeth Gagakis,Sanitarian on July 24 2014 @ 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 all positive action to prevent these violations from occurring again 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:
Larry Ramdin Elizabeth Gagakis
Health Agent Sanitarian
cc: Tenant
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LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
,E FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENAUS MACUSE IN QgpFR O� _H MG ---
VEVIOLATIONS-00 -
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 landiord knew about the iirolations before you were
behind in your rera.
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 Y a judge orders to
=money aside in a safe puce.) Y�. pay a. (For this it is best to put the rent
tepair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you tR-.use your.rent money-to make the repairs yourself. If your local code enforcement
agencY i res that there are code violations which endanger or materially Impair your health,safety or Weil being and-
your landlord-has received wriften notice of=the violations,you may be able to'use this remedy; If the owner falls to
begin necessary repairs (or to enter into a written contract to havo them made) within five.days after notice or to
complete repairs within 14 days after notice you can use up-to four monfhs rent in any year.to make the repairs.
etaCratory Rent Increases or Eftm.Prohifu'ted(Genial Laws Chapter 186.Section 18 and Chapter239 Section?A),
The.owner may not Increase your rent or evict you in retaliation for making a complaint to your Iocal code enforcement
agency about code violations.-If the owner raised your rent or tries t.0 evict withirr six months afteryou-havemade the
complaint fie or.she Will have to show a good.reason for the Increise or eviction whI6.is Unrelated to your complaint.
You may be able to sue the landlord for the damages if he or she tries this.
,nf Re *aship(General Laws Chapter 111 Section 127C4Q.
The occupants andlor the board of health-may petition the District or Superior Court to allow rent to be paid into court
rather Mm to the owner. The court may then appoint a 'Freceive(*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 rea
iach of Wamanty-of Habitabilky,.
You may be entitled ter sue.your Ian
dGord to.have all or some of your rent.returned If your dwelling unit does not
meet minimum standards of habitabllPEy.
air and Deceptive Practices(General laws Chapter93A).
Renting an apad-mad with code violations Is a violation of the consumer protection act and regulations for which you
may'sue an owner.
IFORMATION PRESENTED ABOVE IS 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 .
LT AN ATTORNEY;YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS.
North Shore Community Action Programs Inc. Noffl*mst Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 Lawrence,MA 01840
(978)531-0767 (978)689-7833