1 NAPLES ROAD LETTER FROM OWNERS' LAWYER REGARDING RESONABLE ACCESS 3-28-2022IAW OFFICE OF CARL D. GOODMAN
154 Lynnway -Suite lc
LIINN, MASSACHUSETTS 01902
781-584rfe566 ~ 78irfe39-81 oo
339-440-5962 facsimile
Carl D. Goodman
carl@attormeygoodman.com
Toni K. Berube
tberabe@attormeygoodman.com
Also admitted in Maine
March 28, 2022
By email: jbarosy@salem.com
Mr. Jeffrey Barosy,
Sanitarian
Board of Health
City of Salem
98 Washington Street
Salem, RA 01970
RE: 1 Naples Road
Dear Mr. Barosy:
As I informed you in our telephone conversation today, I represent George and
Linda Bresnahan in connection with the property located at 1 and 3 Naples Road. My
clients have been working diligently to effectuate repairs so as to comply with your Order
dated February 3, 2022.
Progress on the repairs has been hampered by the tenants' failure to cooperate
with the Landlord's efforts. Specifically, the tenant, Ms. Stephens, has repeatedly refused
access for repairs, has limited the duration of repair work, and has issued an absolute
prohibition requiring that Linda Bresnahan refrain from entering the rental unit.
I am enclosing (attaching) printed copies of text messages in which the tenant
indicates she'1l allow access on 3/15 until 2:00 p.in. and goes on to say the she'll allow the
electrician to work on Wednesday 3/17 when she is present but only until 1:00 p.in.
Exhibit "A." An earlier message contains the prohibition as to Linda Bresnahan and the
restriction on repairs being performed for the tenant's convenience. Exhibit "8." A most
recent text message continues the pattern of requiring the Landlord to work around the
Tenant's personal schedule. Exhibit "C."
These text messages are part of a pattern of actions by the tenant that have
frustrated the Landlord's completion of repairs which, along with willful damage to
partial repairs, have made the process of compliance difficult and unnecessarily
expensive.
Mr. Jeffrey Barosy Page 2 of 2 March 28, 2022
As you know, 105 CMR 410.810: Access for Repairs and Alterations, provides that``Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner
thereof, or his agent or employees, upon reasonable notice, reasonable access, if possible
by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of
making such repairs or alterations as are necessary to effect compliance with the
provisions of 105 CMR 410.000."
My clients have provided ample advance notice of their requested entries and have
attempted to cooperate with the tenant's unique requirements; however, the Landlord
has a right upon reasonable notice to make such entries without limitation or
interference by the tenant. We have generally considered 24 - 48 hours advance notice
to be reasonable. In most cases my clients have provides more than 48 hours advance
notice and will continue to do so. However, we are requesting that you notify Mr. and
Ms. Stephens of their obligations under 105 CMR 410.810 so that my clients may
complete the repairs, arrange for re-inspection, and obtain a certificate of compliance.
Please feel free to contact me should you have any questions. Thank you for your
anticipated courtesy and cooperation.
Very truly yours,
CARL D. GOODMAN
CDG:hbs
Enclosures
cc: Mr. and Mrs. Bresnahan
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EXHIBIT
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Delivered
11:41 AM
Ok re: Tuesday, 3/15. I
will be there to let you
in. You may be there
until 2pm.
You and electrician
may enter on
Wednesday 3/17
when I am there to
let you in. I am home
from dropping off kids
at school between
8iH-8:30am (per
schedule above).
They/you may be there
until JJ2m.
Thank you.
()elivered
11 :52 AM
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+ PermissiontoEnter
Jessie Stephens
tc3 Me & 1 more
M€)r 8,1:00 PM
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Hello Linda and George,
l`m am writing to clarify statements I made in
person today.
Linda no longer has my permission to enter my
home at 1 Naples Rd, Salem, MA 01970. Per MA
Tenant Rights, Linda may only enter in an
emergency and pursuant to Massachusetts
General Law 266.120.
George may still enter with our permission, as
scheduled. Entry and work to be conducted
must be scheduled with enough notice so that I
(or a representative of my choosing) can make
reasonable arrangements to be present at the
time of work.
Thank you,
Jessie
Jessie
Please excuse typos. Sent from a small device.
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Door work is okay
Tuesday, since it`s
outside. Tuesday
won't work for indoor
work this week.
George, it's not about
telling me when
things are happening
lt's about scheduling
it with me. Tuesday
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8:00 a S ::
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George, it`s not about telling me when things
are happening. It's about scheduling it with me.
Tuesday doesn`t work this week for me.
Scheduling with me with at least 24 hour's notice
makes it more likely 1'11 be able to arrange my
schedule for it. It doesn't mean it's a guarantee
that Brent or I are available.
-
EXHIBIT C