38 RAYMOND ROAD - STREET FILE (2) 4 R CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET 4'"FLOOR PabHcHean
o Prevent.Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramdin@salem.com
Li1RRY RAMDLN,RS/R3II5,CHO,CP-FS
MAYOR HF,ALrij AGF,NT
February 3,2016
Roman and Grazyna Chanaj
23 Princeton Street
Peabody, MA 01960
VIA CERTIFIED MAIL: 7014 2870 0001 6463 3721
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 38 Raymond Road#2 permitted by occupant Drake Larson,conducted by
Elizabeth Gagakis,Sanitarian on January 28, 2016 @ 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and documentary evidence as to why this Order should be modified or withdrawn.You may be represented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
CITY OF SALEM, MESiSSACHUSET'TS
p
BOARD OF HEALTH w^�4�.
120 WASHINGTON STREET,4T"FLOOR PPublicHean
mote.Protect-
TEL. (978) 741-1800 FAX(978) 745-0343
KIMBERLEY DRISCOLL Iramdin&salem.com
MAYOR LARRY RAMDIN,RS/REHS,CHO,CP-FS
HEALTH ACI:NT'
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Drake Larson Owner: Roman and Grazyna Chanaj
Phone number:(214) 507-0846 Address: 23 Princeton Street
Address: 38 Raymond Road#2 Peabody, MA 01960
Salem, MA 01970
Inspection Date: January 28, 2016 Time: 3:00pm
Conducted By: Elizabeth Gagakis Accompanied By: Drake Larson
Specified Time Req.#410. Violation(s)
Based upon a tenant complaint a permitted inspection was conducted in accordance with
Article II of the State Sanitary Code, 105 CMR 410.000. Upon Inspection the following
were noted:
i
14 days .500 1. Tenant had complaint of mold in the unit.At the time of inspection, visible mold
was noted on the walls in several areas in the computer room and on the window
sill above the heater. Find source(s)of moisture and repair so problem does not
reoccur, and remove mold and repair walls and any other affected areas in room.
Owner to correct this violation within 14 days.
14 days .500 2. Some mold was observed on the walls/ceiling inside a kitchen cabinet and along
the bottom corner of the built-in shelves. Find source(s)of moisture and repair so
problem does not reoccur, and remove mold and repair walls and any other
affected areas in room. Owner to correct this violation within 14 days.
14 days .500 3. Some mold was observed inside the closet in the master bedroom along the corner
to the right of the window. Find source(s)of moisture and repair so problem does
not reoccur, and remove mold and repair walls and any other affected areas in
room. Owner to correct this violation within 14 days.
7 days .500 4. There is an area of chipping/peeling paint on the ceiling in the master bedroom.
Scrape/repaint affected area so ceiling is intact and in good condition. Owner to
correct this violation within 7 days.
I
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
Este es un document legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
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City of Salem a,
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Salem, MA 01970
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rHE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
XDE VIOLATIONS CORRECTED.
1. Rent Withholding(General Laws Chapter 239 Section 8A)
9 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 landbrd knew about the violations before you were
behind in your rent.
B. You did not cause the violations and they can be repaired white you continue to live in the building.
C. You are prepared to pay any portion of the rent into court of a judge orders you to pay kL (For this it is best to put the rent
money aside-in a sob place.)
Repair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow 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 wellbeing and
your landlord.has received written notice of-the violations, you may be able to use this remedy, 9 the owner fails to
begin necessary repairs (or to enter into a written contract to have them made) within fire 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 kvwes or Evictions Prohibited(General Laws Chapter 186.Section 18 and Chapter 239 Section 21).
The owner may not increase your rent or evict you in retaliation for maldng a complaint to your local code 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 gdod"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 "recelvee 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 Habrlability.
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.
fE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT .
I 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 Sheet
Peabody,MA 01960 Lawrence,MA 01840
(978)531-0767 (978)689-7833