1 NAPLES ROAD OCCUPNANT'S LIST OF DEMANDS TO THE OWNER WITH ATTACHMENTS 4-27-2022 Certified Mail #
George and Linda Bresnahan
3 Naples Road
Salem, MA 0 1970
Bessie Stephens
1 Naples Road
Salem , MA 01970
April 27, 2022
De mand Letter Pursuant to Massachusetts General Law Chapter 93A
Dear Mr. George and Mrs,, Linda Bresnahan , Landlords,
This letter is a dernand for r-elief under the Consumer Protection Act, Chapter 93A, for
certain unfair and deceptive practices that you have engaged in,
We live at A.1N3nles Road - SaIeM.. MA 01970 and have been tenants of yours for the past
22_months and 27days. Since Miv 27,1 2020, prior to the date we moue into this unit, we
hiive repeatedly notified you about defective conditions in our unit and requested that
you make the necessary repairs , including in writing are:
May 27, 2020 January 22,, 2021 January 30, 2021
February 5, 2021 February 8, 2021 February 19, 2021
April 7, 2021 June 10, 2021 July 1 1 , 2021
Judy 23, 2021 July 25, 2021 August 23, 2062 1
December 3 , 2021 December 10, 2021 December 12, 2021
December 15, 2021 December 19, 2042bi December 20, 2021
March 11 , 2022 April 5, 2022
You have, in burn, repeatedly ignored these requests or worse, stated that you will not
resolve them appropriately.
Additiontilly, on rebrua [y 3, 2022, the Salem Board of Health issued you an order for 26
items that needed to be repaired in the unit. This order fisted a deadline of 30 day§ for
work carnpletion. As of the date of this fetter, it has now been $,2 days and work has n.Qt
Uegil cgMoje Worse still, work that you started has made conditions worse 'in the
� 1 �
home . See attachmentA.
This Constitutes a willful violation of Chapter 93A. Under Chapter 93A it is an unfair and
deceptive apt to rent an apartment with housing conditions that violate the state
sanitary code. The presence of serious violations of the state sanitary code and repeated
refusal to repair these conditions also constitutes a breach of the implied warranty of
habitability.
The violations of the state sanitary code that you have refused to repair include, but are
not limited to:
1 . 410. 10040 S: Kitchen floors are unstable with wide cracks in and between the floor
boards and nails sticking up. You attempted to fill the cracks with wood putty, which
i s not intended to be used on anything load -bearing. You have also attempted to
nail down the nails, which continually stick up as the floor moves underfoot. Kitchen
counters are not smooth, with cracks and chipping of the laminate . Kitchen cabinets
and drawers have hakes, mold growth, and do not open/close properly. See
attachment B.
2. 410. 1504@ DV, Restroorn surfaces not smooth or impervious. The floors in each
bathroom have not been sealed , have cracks in the tile, or permeable grouting that
has not been sealed over. Additionally, holes inside the vanities and under sinks
lead directly to the subflaar and are not dosed off adequately. See attachment C.
3. 410.200: A.- heating throughout home dies not work properly. You have adjusted
radiators multiply times, without having them adequately serviced by a professional .
You refused to replace a broken radiator for over a week on the third floor. And you
have repeatedly demanded that we turn off the heat in single-digit temperatures so
you could fill the water in the furnace, a task that would not be required if the
system is in good repair.
4. 410, 201 - rooms a re not m ainta i ned at a p p ro p ri ate te m pe ratu re s co ns i ste n t fy,
Temperatures from room to room nary up to 1 5 degrees from one another and
from the temperature measured at the thermostat.
5. 410,253 : A., you wired the front hall light switch upside down and without an
electrician's license, stating to the Board of Health inspector that it was just a quick
fix, despite his informing you that it was Eliegal in the state of Massachusetts to work
on electricity without a license. See attachment D.
6 . 410 . 256., temporary wiring from bask half to light outside back door has existed
since we moved i n and has never been addressed . Temporary wiring from the bask
hall to the laundryin the first floor bathroom is also an issue . See attoehmerrC D.
7 . 410.280: A: no mechanical ventilation, natural ventilation from windows but
windows to not open and close properly, are not weather-tight when closed , do not
lock properly, damaged screens are all concerns throughout the home. See
a ttach m en t A.
8, 410,350: A and B : bathroom sinks are not plumbed to cede for hot and cold water,
they are backwards and not labeled . Toilets wobbJe from floor.
9 . 410 .351 : A: pipes in basement are not insulated appropriately. Sinks and associated
vanities are not secured to the floor or wall and move when leaned on or pushed .
Holes in floors at Sinks, so leaks run into the basement. See attachment E.
10 . 410.353: asbestos on basement pipes is in disrepair and exposed . one pipe was
wrapped after BOH order, yet others were not. See attachment E.
11 . 410 ,354: A,2. : lease which started on 6/1 /2021 does not specify that tenant pays for
- has or electricity, yes we have paid for gas are electricity and are on the account for
that address. See ottachmen [ F.
12 , 4109354: D.J.: lease states that the landlord pays for water for the furnace . Landlord
has not kept water i n the f u rnace to function properly throughout our ti me in the
unit. See attachment F.
13 . 410,452: front walkway point of egress almost always obstructed by landlord 's
vehicle on walkway. See attachment G.
14. 410.480: D; E; F. lack of working locks on doors and windows. We have been unable
to close and luck our front door for months. Until March , the back door would not
stay closed unless it was lacked with a key from the inside. The lock on the back
door is not to code, as it requires a key from the inside to lock the door. Repairs
made last week did not last on the front door and it is stil difficult to open and close .
My children are unable to open and chose the front and back door. The lock you
installed on the door from the kitchen Co the basement does not sufficiently keep
others out of our unit from the shared basement. See otrarhment H'.
15 . 410.481 - you have not hosted required information in our unit.
16 . You have not obtained the required certificate of Fitness from the City of Salem ,
nor are you able to, given the code violations stated above.
have experienced substantial interference with the use and enjoyment of my home
because of the serious conditions that you have failed to repair. My children , my
husband, and I have suffered physical injury from the disrepair of the floors throughout the
hams. We have gotten splinters from exposed and unsealed floors, we have cut our feet on
nails sticking up from the floors, and we have damaged socks that have gotten caught and
snagged on the nai ls as we walk throughout the u nit. See photos on attachment /,. This has
3
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added undue stress as we have had to be more mindful as we move throughput our home,
and we have had to purchase house shoes to protect our socks and feet from injury. The
physical health of our family has been at increased risk since the surfaces throughout have
not been maintained in a manner which allows us to fully clean and sanitize them, mildew
and mold issues have Caused increased health risks to us and others. We have even been
forged to receive inappropriate clams and statements from you regarding potential home
repairs, and you have explicitly blamed ors for some of the issues in the home, even though
they existed prior to our move- in . Additionally, we have had to forgo social plans and miss
work in order to oe present in the home for some repairs and/or to manage issues that
have resulted from the state of disrepair.
You ad mitted at ti e ti me we m oved i n, i n J u n e 2020, th at th e p reciou s ten a n t ca u se d
damage to the apartment and that you would repair it when we mound in . You did not do
so. You also did not provide us with a Statement of Condition of the home, but asked us to
put all issues in writing. We did this and emaifed 'it to you on May 27, 2020. See attachmentj.
We were empathetic and understanding of your situation with your previous tenant, yetit
has became clear that you have no desire to address these issues, regardless of your legal
responsibility as a lan6ord .
I had hoped to resolve these concerns amenably; however, your text of December 20,
2021 F ". . . George we just need to build a new house apparently... ," in addition to your other
baseless claims that somehow your lack of attention to the unit is legally acceptable, made
it char that you do not take your responsibilities seriously.
In May 2021 ., we hired Marblehead Movers to deliver our piano to our home . They refused
to walk on the front steps of the home, staffing concerns that they were not stable enough
to hold their weight. Instead, they backed up their truck in a manner that allowed the ramp
to extend directly from the truck to the porch, avoiding the stairs. This was after you stated
that your handyperson had "repaired" the steps in the dal! of 2020 .
U n Ju ly 23.0 2021 , you notified m e that th e hot water heate r wa s b roke n a nd wou ld b e
replaced . You instructed me to bail water if I needed hot water and also to only use cold
settings on ,appliances. We went without hit water in our unit for 6 days . On July 25, 2-021 ,
while still waiting for a new water heater to be installed, rather than apologizing for the
issue, you texted me to let me know haw much of "a palace" our unit was compared to
others on the market.
Additionally and specifically, the pipe leaks from your side of the basement in summer of
2021 resulted in water damage and mold growth an our persona ! belongings. Still more of
our personal belongings were damaged when raw sewage game through the basement
ceiling into the basement, because the floor of the first floor bathroom is not properly
installed and the overflowing toilet allowed this raw sewage to flaw directly through the
floor into the basement. When 1 informed you of this, you were not at all concerned, nor
did you fix this problem or assist in the cleaning of our side of the basement. See
attachment K.
Additionally., after whit turned into months since 1 ratified you of rodent damage to our
food and hakes in the walls that included exposed fiberglass insulation, the following
situations have occurred :
1 . liven your refusal to resolve the rodent issue, as documented in text messages,
rodents ate into the floor mats of my new car when it was parked in the driveway.
As evidence, you can see marks made by rodents on the rubber floor mat. See
attochrnent L.
2. On December 151 as noted in my text to you, I was unable to make my children
lunch before school because I had to dispose of a new loaf of bread that had been
eaten into. See attachment M.
3 . And on December 21 , 2021 , while hosting a holiday dinner party with my family,
business partner, and two friends, we diSCDvered that the package of food we had
already eaten from had been chewed into by rodents. the potential health and
social impact of this damage is irreversible .
despite my attempts to protect the food an the bask half, we continued to have issues, and
per our texts, you did not resolve this issue until late March after the BAH ordered you to
do so. See again attochment K.
On January 12th,, 2022 we awoke to the temperature in the house at 57 when the
thermostat was set to 68. You claimed to have fixed the issue, yet on January 15 , 2022 , you
demanded that I turn oft the heat, despite outside temperatures in the single -digits, so that
you could fill the furnace with water, an issue that would not happen had you fixed the
system as you had claimed . As you know, we awoke to temperatures in the low 50s/ high
40s twice in the winter of 2020-2021 ., due to the same, lingering issues that you have not
remedied .
As ordered by the BOH , you attempted to install a railing an the stars from the end to 3rd
floors. You installed a railing an the wrong side of the stairs, and the railing you installed
was the wrong style and improperly anchored. Therefore, when my husband leaned on it, it
snapped under h is hind . Thankfully, he did not put his full weight on the railing, nor did the
railing injure him . However, you have not returned to remove the broken and splintered
woad , nor to Correctly install a railing on the other side of the stairs, as the BAH requested
after their follow-up visit. This railing now mist be avoided when using the stairs, causing a
situation that is even more dangerous than before you attempted this work. See ❑ttachrnent
N.
On Tuesday April S , 2022F I took the day off from work to be home for repairs. You stated
you would work on the front door., kitchen floor, and some windows. You arrived later than
scheduled, at 9.:25am, you deft for over two hours to get materials, then returned to work
only until 2:30-pm , You put some putty on the kitchen floor, and did not do any work on the
front door or windows. After you left, I saw that you had unplugged my dryer, pushed the
card through the wall 'into the bathroom, and closed the hole in the walk. You did not give
me notice that this work would take place, nog did you provide an alternative plan for the
dryer. You tilled the hole with spray foam and putty, and in the process damaged the vent
tu be f rom my d nje r. You de n i ed my a b i l ity to use my washer and d ryer witho ut notice a nd
without a plan for remedying the situation . Yes, you were supposed to fix the wiring issue
in the back hall.; however, you were told by the BOH to either provide a plug in the
bathroom or move the laundry to the back hall. You did neither. See attachment Q.
Again on Tuesday, April 1 nth, I took another day off of work for you to complete the
scheduled work of "windows and kitchen floor."' You and your handyperson replaced one of
the three windows in the living room , thin stopped work an the windows, despite my
moving furniture and decor out of the way of the windows. I had also covered personal
items to protect them from dust, yet, you did not complete the work as scheduled . In order
to use my living room, I returned furniture and curtains to their original locations., since you
did not notify me of your plans to complete further work until April 15th . Of course, [ will
need to mare my personal belongings again for further work, an unnecessary waste of my
time when you had ample time to instill all three windows on the 12th, but chose not to .
Still again, yesterday, April 26th , you and your handyperson tame to do work and had until
130pm, yet you left before 1 pm., with work incomplete. And yet again , today, April 27th, I
have been home since 8:30amo awaiting your handyperson's arrival to complete the last
scheduled day of work, and it is now 9: 50am and no one has arrived nor contacted me .
Your delays and interruptions are excessive .
Also on April 12th, you did not lei me know anything about the work you completed on the
kitchen floor, JUS4"%W that you would do work on it. I was on the second floor when I heard the
front door close and 1 texted you to ask if you were done for the day. At 3pm , you replied
stating you were done. You did not tell me anything about the condition of the floor, yet the
odor from the stain/sealant was strong throughout the entire home. You had not opined
wi ndows for ventilation du ring work, but I d id in order to tolerate shying i n my home . I a lso
ran air purifiers, yet the odor was still strung for two days. Additionally, the floor was not
dry for a full 48 hours. As a result of this work, and without notification, we were entirely
unable to use our unit's kitchen for over 48 hours. We were forced to vacate the unit on the
1 nth and go to a friend's for dinner and a few hours before the kids' bedtime., so that we
could eat dinner and re-enter after airing out the snit. You did not inform us that the floor
needed at least 48 hours to cure . Although it dried to the touch after 48 hours, it did not
cure until a full 72 hours had passed . Additionally, the putty is again crumbling, s i nce the
floor still shifts when walked on .
Still yesterday, April 26th, you did additionsl incomplete work an the kitchen floor. You
hammered down the nails that had come back up. You coated parts of the floor with epoxy,
despite the lack of preparation for the floor prior to its application . You put epoxy over your
ocher incomplete work. You did not prepare the surface properly before adding epoxy. And
you did not provide information about drying time, limited access, or and plans to complete
the work in the kitchen at a later date . At this time, we are yet again unable to walk on the
kitchen floor due to the drying of the epoxy.
As you can see, I have not only missed work unnecessarily, but you have not Completed
work necessary nor as you have scheduled it, despite having time within the working day to
complete this work, and despite an order from the Board of Health requiring vrork to be
completed by March 5, 2022,
Additionally,, my husband has Reynauld's Syndrome as well as an additional working
diagnosis of Small Fiber Neuropathy.. Both are conditions that are made worse by cold
temperatures and changes in temperature . Failure to address issues with drafty windows,
space around exterior doors, and the heating system have caused the unit to have variable
temperatures from room to roam . Your failure to maintain a properly working hooting
system has caused unnecessary physical harm related to chronic pain and discomfort
associated with these conditions. Theinadequate heating system, insulation, and
7/9
weather-tight state of the hams has made symptoms from these conditions worse, limiting
my husband's quality of life when home .
Also., and as you knew, my son has a diagnosis of asthma, which we disclosed to you prior
to moving in. It is common knowledge that asthma is made worse by mildew and mold , yet
you fold me that my concerns of mold and mildew in the basement and kitchen were not
warranted because "it's an ofd house ." You ignored my repeated requests upon move-in
related Co mold in the kitchen floor and cabinets and worse, you told me the mold was
normal and could be made better simply by covering it with contact paper to line the
cabinets. Even when I suggested we would be wiling to share in the cast of installing new
cabinets and purchasing some at a low cost from the Habitat restore, you stated that you
we re n ot i nterested i n re p la c i ng them . Ad d it i o n a l ly, i n Dece m be r 2021 , i was forced to text
you to request that you not burn incense in the basement, while you knew that I and my
f amily had COVI D1 9 and my son with asth ma was at high risk for serious sym ptoms.
N ot on ly have these issu es ca u sed p hys i ca l h a rm a n d stress fo r o u r fa m ily, b ut the issues
have also limited our ability to utilize our snit, reduced our ability to enjoy a safe and
healthy home and life, have resulted in actual fast possessions (food items, personal
belongings), and have necessitated inappropriate demands on our time.
Furthermore, in violation of the Landlord Tenant statute in Massachusetts, you took a
security dew from us and did not provide us with any information about the escrow
account in which our security deposit i's being saved .
Your failure to address and remediate the numerous deficiencies have resulted in us
h avi ng to do Ce rta i n tasks at o u r own expense. I have co m pleted tas ks i n c l u d i ng, but n ot
limited to:
1 . Took care of landscaping and Outdoor maintenance that you refused to do between
June 2020 and March 2022,
2. Installed a door in the doorway of the back hall to the kitchen (that had been stored
in the basement};
3. Installed smart bulbs in light fixtures where knobs were not functioning;
4... Sched u led pl u m be r to re pa i r f i rst floo r to i let afte r 2 weeks of it b e i ng clogge d ;
5 . Refinished and re-stained main stairway railing; (See attachment P.)
6. Painted interior of home with historical colors; (See attochment P.)
7. Removed excess debris left in basement from precious tenants;
8. Scrubbed kitchen floor upon move in; and,
8
J
9. treated ceiling of basement under kitchen with mildewc; de .
Despite my efforts, you have continued to lease the property in disrepair.
We have suffered actual damages as a result of your numerous breaches, violations, and
unfair and deceptive practices. Tberefore. the fQIIQs2in-g -rellef is demand Hio
1 , You obtain a Certificate of Fitness from the City of Salem;
2. You place Gas and Electricity in your name immediately with National Grid, and as of
June 1 , 2021 ., the date of our lease;
3. Complete required repairs that are noted in this letter, those ordered in the Board
of Health order dated February 3, 2022, and those that I have reported to you in
writing (such as via text) since May 27, 2020;
4. contract and schedule repairs to be completed by licensed and qualified
professionals with proper permitting, as required, who will not cause damage or
x
take excessive time in completion of work, so that you can promptly correct the
violations of the state sanitary jade;
5 . Provide a written schedule and plan for all work to be completed, including
contractor name/title and contact information, with work to be scheduled on
Mondays between 8:30am and 1 :30pm , and/or Tuesdays, Wednesdays, Thursdays.,
and/or Fridays between 8 :30am and 5 : 00pm; and,
6. $21 , 500. 00 in damages .
Failure to respond to this notice within 30 days with a reasonable tender of settlement will
farce me to enter this case in the appropriate court, fully reserving the right to sue for any
and all common haw and/or statutory causes of action in addition to the above- listed unfair
and deceptive acts and practices. If the curt decides that your tender is unreasonable, in
addition to the above-mentioned amount, you may be liable for up to triple damages and
attorneys fees . �
Thank you for your timely attention to this important matter.
m
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Sincerely.,
Ca
Jessie Stephens
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George & Linda Bfesnfahan
N3ples R03d
Salsa , MA 01970
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Dear WM-adam
In accordance �vojh Chapter 111 . Sections 127A and 1278 of the %JZ1553c;husetus Genetal Laws, 105 Ct/R 400 000-
-r,s for Human Habitation , r, jr s 1 jon was coflduMd of the props
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t jr-FP i f I h c!x re n tat u.--i it is occupied by a ch i rat or ch ild ren ts n der I he j3g0 of 6 ye ar s.leadrelated ��a
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Regulations (of Le-ad Poisoning rev nlion and c>ntrol For funk F inform3lion or ��
inspection- r.0nt C;l JhC; Salem Board of H offh at 78- 741 - 18
I a � (,on t revert these vio lai i ores f f rn occurring again �rI I fie future
( port and t take a I ����t �� � �
tlur or your p Sri to COM ply ,thin th e fim e specif
bp,,inq sought against you in Trial Cowl Time for C0TTjplj,fnCe begins with receipt of t hts Order
Shotild you be agqneved b) this Order you have 1he right to request a hearing before the E303rd of Health A requ c5l
f Mice of the Oca rd cA ltll wi l hin days of r e; f of I h F s r f
ortu My to be heard and to r enI a u�s and fn
wh 1h i s Order shout r) b modified orwa Wd
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in session of this B zird. and that -any adverse party has the nghl to be present at the
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t the candition s r)oted rainy unable the occupant( ) I o tj so one or more of t he 51 ju jory rern edeeds
-)v,jjijb1Lh fu th e n j s oLillmed in (he enclosed inspection report fc)rrn
For rti a Board of, va ft?, Reply To
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State Sanitary Code , Chapt.er 11 , 105 CMR 410 -0000
M inirnum Standards of Fitness for Human Habitation
kcupants. Jessie Stephens Occupant Phone : 608- 609- 7095
) ccupant Address : 1 Naples Road
� a�em , MA 01970
Owner 'Address : 3 Naples Road owner/Manager " George & Linda Bresnahan
� alem . MA 01970 .
nspection Date : January 31 , 2022 inspection Time : 9 30am
onducted By : Jeffrey Barosy Accompanied By ,*, occupant ( Jessie Stephens )
ipecified Time _ Rig 4410 Violabon(s)
Based upon a tenant complaint a pemii #led inspection was conducted in
accordance with Article 11 of the State Sanitary Code . 105 CNIR 410 .000 Upon
Inspection tree following were Hated :
l Days . 501 1 From door leading into dwelling from outside dues not dose properly
and remains afar unless the padlock is engaged Repair door so it
� opens and closes properly Owner has 7 DAYS to star makin� a �
good-faith Effort ta_carrect violation
35,0 2 Pugh button light switch that controls front porch light dies riot. ►tcri,
7 days properly with one button springing back out when pushed , not
remaining engaged Repair light switch so that it turns on and off as
designed Owner has 7 DAYS io start making a good-faith effort to
correct violation.
.504 3 Rzidiators in first floor hallway, kitchen , and dining room have tape
7 Da y ts covering up holes around pipes leading into floor. Remove tape and
� provide and �nslall escutcheon plates tar these rid+afv� p� p�s 0jner,�
his 7 DAYS to start making a good -faith effort to correct violation
� _ SOD ° 4 Kitchen floorboards have cracks and are warping Repair kitchen
7 pay, floorboards so they are properly affixed to Iloor and no longer cracked
and warped owner his 7 DAYS io s1art making a good -la0) eHvri 10
correct violation
- - 500 5 Kitchen floor and first floor hallway ear,.h have an exposed nail in 1hcir `
7 Days Iloorboards Repair [ loorboards in these to areas so that there are no
longer exposed nails Owner his 7 DAYS to start making a good -iai#h
effort to correct violation
J 200 6 Firsl floor bathroom adjacenl to krlchen lacks heating facillites Instiall
24 Hours hardwired heating facilities in Ihis bathroom Owner his 24 HOURS �
to start making a good - faith effort to correct violation �
501 - 7 Back door Icading into dwelling from outside ha , a doorknob with 3
7 Days lalch that won 't catch an doorjanib - Door needs to be kept closed by
I �
engaging padlock Repair doorknob and doorlawb so tnar 1-31 _P, 0 ,
and closes as desi ned Owner has T DAYS lo star1 ma �, ln �] <<
faith ehQr# to correci violation
452 - - I - - S -- Bach door egress and path leading to a public quay found not
I shoveled after heavy snow[all . Clear a path from back egress to the
nearest public way Owner has 7 DAYS to start making a goad-lath �
- - - - effort to correct violation
- - - -- - 500 9 Mudroorn where back door is located his two hales in the wa « across
7 Days frorn beck door one of these hales has exposed anSu0110n and a
power cord pulled through it Repair holes in walf Owner has 7 DAYS
to start making a good -faiffi efforl lo correct viofatron Electrical
� De has b�� n nol�faed
500 10 Dining room window in middle cannot open and has a crack in Ihe
l Days 501 glass in its to sash Repair window so that sash open and close ,-;
with ease Repair or replace cricked glass 0%vner his 7 DAYSP to �
stun makin�a goad-fa+ lh effort to correcf violation
Dining.480 11 room window on right has a lock and k-ee-per-'thal are
7 Days mtSaltigned Repair or ad ust window so that lack and keeper ab n
properly when v►. rndOw is closed Owner has 7 DAYS [o s1art rrlekrng
a good-Earth effort to correGl_vioial+on
1500 72 In living room , all windows but the window on it�e far righl cannot7 D�Y� . 501
open Repair these windows so that they open and ctio$e with case
Owner has 7 DAYS to start making a good -faith effort la correct
- - _ 001atian .
. -
5�0 � 13 Living room window, second to the left has a crack in the glass in its
T Da �$ 501 bottom sash Repair of replace the glass in this window s bottom
sash Owner his 7 DAYS to start making a good -faith efforl to corrc: fr
- - _ violatron .
. 501 14 Living room windows second from left arid second from right hive 1I -
7 Days fitting storm panes Replace with properly fitting storm panes . Owner
has 7 DAYS lQ start making a good - laah effort to correcl violatipr
. 482 15 S mo ke de cecto rs in firs I floo r a n d se co nd floo r h a INva ys do ni t wo r k
7 Days _ 750 ( N ) There are no carbon monoxide detectors throughout the apanrnc � J �L
Repair or replace nvnfunclioning smoky detectors. Provtde carvon
monoxide detectors so that (here 4s one rmhrn ten feet of each
bedroom entrance owner has 7 DAYS to start making a good-firth
effort to correct violation Fire Deparlmeni has been notified .
A80 16 - an second floor, bedroom closest to bathroom has a window on the
7 pays left with misaligned lack and keeper Repair or adjust this window so
that lock and keeper align properly when window is closed Owner
has 7 DAYS to start making a good-taich effort to correC;t violation
�! 500 17 On second flD4r, bedroom third closest to bathroom ryas a window
]' Days 541 $stand from the right that does not open Repair window so that it
opens and closes 4vrzh ease . owner has 7 DAYS to start making a
good - faith effort to correct vialation .
5Qp 18 On second floor , bedroom third closest to bathroorn his ca window
7 Days 501 second from the left that has a bottom sash flial cannel stay open
when lifted Repair this wFndour's sash so when it is opened 1 can
stay open under ils own po%ver- Owner has ?' DAYS to start mak,nq a
good -faith eflort to carrecl vrolalion
a
pep ig On second Moor, bedroom farthest from bathroom fisas a v+rinrjovr can
7 Day, the !eft with a hack a rid keeper that are rmsaligned Re p.--m o i adjus l
� this window so Mat lock end keeper align properly %vhc. n
owner has 7 DAYS to start making a good -faith efforl lc)
0 -1 rT i. c �
- - - - -- - � violal+on
.�-- - 503 20 Stainvay leading la third floor la0. s handrails -Provide handratis for
5 750 (. 0 ) � this sip �rrva Ownery 7 DAYS to start making a 900d - laid+� effor! �a
correct violation
-- 200 21 an third floor . middle loam vras measured to have a lemperalure of
24 HouM 351 80 * F while., the thermoslal was set to 63 ' F Have heatinil sysirrr,
Repaired or adjust by a Htaling Ventilating and Airconoilioninct
specialist so that feat throughoul apartment clan . 1y mm_ ! cne ;
lemperatire that is set aR thermostal Heat during the heating season
should not exceed 78 ' F owner has 24 HOURS to � tarf making a
good -faith effort to correct violation .
. 503 u 22 Steimlay leading to basement lacks, handrail's Provide handrails for
7 flays 750 ( C ) this stairway Owner has 7 SAYS to start making a cad- faith effort lo
correct violation
4 BO Q : 23 1 and 3 Naples Road have conjoined basen--iPIWO Door rn apar1ment"s1
24 Hours � 5� ( � } kitchen Ie�d �ng info basa me nt s�a �n�r ay lacks � lacf� Provide a proper
dock to secure the door (rein unlawful entry Owner has 2-1 HOURS ro
- - _ _ start making a goad -faith effort to correct violation
353 24 In basemeni , there are pipes on ceding th31 have damaged asbestos
7 Days 750 ( M ) wrappin ve a Incensed asbestos contractor reseal of remove the
damaged asbestos wrapping . owner has 7 DAYS to start making a
- - good -faith effort to carrecl violation
550
24 Hours 750 ( 0 ) Mice� 5 - droppings found beneath a pallet Ownern the basement is to
hire a professionally licensed exlernninalor and have the exterminator '
extPTmrnale the apartment and all adjacent. vialls Any hales leading
into the apartment must be plugged to prevent to-entry from mice
Owner must send extermination Fepan !o the Salim Beard of Health 4
after the exterminai +pn has taken pfaCe . Exterminator is to return as
often as needed to rid the building of mice. G-av,ner has 2",,� HG +JRS
to start making good-faith effort '�o correcl violalion .
N 'A � 26 Owner has 30 DAYS to correct all violations listed in this repot
N/A Owner must state making good ,faith effort ( reporting to tic Salem
Board of Health what actions wa1l be taken in writfng , hiring
contractors that may be needed , or slatting necessary work on
his/her own ) within the time frame noted beside each violation and
within each violattons ' descrrpt+on__
One or mare of the above violations may endanger or materially impair the health , safety and well - being of the
occupant(G)
i
Code Enforcement Inspector I
Este es un dncurrlenl legal impOftanle qu afec c sus d 'echos Puede a[lyuiriruna lraducCian de e5la forma
r �
r`
LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
/41NG IS a BRIEF SUMMARY OF SOME OF THE REMEDIES TENANTS MAY U5E IN DER TO SET HOUSING
JLATIONS CORRECTED,
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11
t Withholding (General Lars Chapter 239 Section 15A)
If Cody Violat' ans Are Not Being Corrected, you may be entitled to hold beck rentpayrrients .,wrthaut being evicted ifyour You can do this
A You can prove that your dwelling unit or common areas contain code wufa«�ns which are senous enough to
endanger or malenaldy impair your health or safely and that your )andlord k�e��� ab -ut the vro1aGons before oar were
behind in your rent y
8 Yoe did nat cause the v6atton5 and they can be repaired while you contlr' Je to live in the, building,
C You are PreparEd to day any Porbon of the rest into court if a judge orders y 0j , ( Fo1 t ir, it is des! to put trie rEol
rnoney aside in a safe place , )
2 Repair and Deduct (General Laws Chapter 111 qection 127 L)
The taw sometimes allow you to use your rent money to make the repairs yourself, If your focal code enforcement
agency cer 'ees that there are code violations which endanger or materially impair your health , safety or well•be+ ng and
your landlord has reserved written natice 01 the violations , you may be able to use this remedy. If the owner fails to
begin necessary repairs for to enter into a written contract to have them made within five days after notice or to
complete repairs within 14 days after native you can Use up to dour months rent in any year to make the repairs .
3 R e I al a I ory R en I Inc rea ses of F vi0ons Pro h ibited (G ene ra! Lavis Chapte r 18E3 . Secuo n 18 a n d Chapter 2 3 9 Se c ti o n 2-A a
The owner may not increase your rent or evict you, in retaliation for making a complaint to your local rode enforcement
agency about code V10latfQT15. If the owner raised your rent of tries to evict within six mantis after you have made the
complaint he or she will have to show a gaol reason for the increase or eviction which is unrelated to your complaint .
You may be able to see the landlord for the damages if he or she tries this.
4 Re nt Re ce'l ve rsh ip I G a.. ne ral. Lans C h apter 111 Section 12 7 C-H)
The occupants andlor 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 many as is
needed to correct the violation. The receiver is not subject to a spending limitation of four months rent.
5 Breach of Warranty of Habitability
You may be entitled tea see your landlord to have all or some of your refit returned if your dwelling snit dogs not meet
minimum standards of habitablilty.
6 Unfair and Decep1tve Practices (General Laws Chapter 93A)
Renting an apartment with code violations is a violation of the consumer protection act and regc� latior�s fnr which you
may sue an owner.
THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, S-EFORE YOU DECIDE TO WITHHOLD YOUR RPJT
OR TAKE ANY OTHER LEGAL ACTION , IT iS ADVISABLE THAT YOU CONSULT AN ATTO�NE�r . 1F Y O U CANNQ� A� FORD T��
CONSULT AN AT-TORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS
forth Shore Community Action Programs Inc Northeast Housing Couo
119 Rear Foster Street, Build '-r,g 1 3 2 Appleton Street
Peabody. MA 01960 Lawrence, MA 0 1840
(978) 531 - 0767 (978 ) 689 • 7833
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House List �
me May 27, ., 2020
to hindarbrez .,
From Jessie Stephens jessie.a .stephens@gmail.com
To 1 '1' ndarbrez@gma 'I' I . com
Date May 27, 202 ` 12 : 53 PM
Hi Linda ,
joust realized I h n 't sent this ! Sorry for the delay.
think you ll see that most things aren 't a big deal or
you ' re already dol g Ip
We have noticed ome issues in the kitchen (more
details in the doc . Please let me know if you and
George want to talk more about that with us after
you've had a chance to look into it.
5 more days and stilt can 't wait ', All rooms are painted
(just have hallways, foyer, back hall , and kitchen to
f i nish ! ) !
Thanks,
J e s sie
i
Naples Rd Check I
In.docx
WDoc
s
Adav 27, 2020: emailed this to landlords,
Linda and George,
We want to be surd you are aware of these issues, Some we've already discussed and you
knew about them.
Things you know arid are already planning to take care of:
Dining Room ceiling fan/filght.
• Door knobs.
+ Hopes in screens and missing screens .
• Hot water at kitchen sink toy hot
Highest Priority
We started painting in the kitchen/back hats and actually stopped due to a string , pretty bad
smeEl . Thisisn 't an -issue in the downstairs bathroom or back hail , but is pretty bad in the
kitchen , and is mo., dy coming from behind the fridge . We hadn't noticed before , and think once
we spent more than a few minutes in the kitchen it became pretty olaviaus. Here 's whit we
found :
* The outside bottom of tower cabinets and the floor under and around the lower cabinets
Eby fridge and under the dishwasher/sink) are in rough shape. This past of the cabinets
and floor isn 't smooth , so we can 't really clean it. (In comparison , we could dean the
floors and base boa rds/we dge of cabinets in both bathrooms )
• the kitchen flooris sagging and bends when stepped on between the dishwasherlsink
and the hack tall . From the basement, it looks like the subfloor has mold just under the
kitchen , but the support beams look like they' re in goad shape.
Also, when plugged in the fridge made some strange clunking sounds , some of the time ,
When we u �iplugged it the outlet sparked .
We Understan€f this I's a big thing and are willing to work with you on it and be flexible about how
+ngs into the dining roam as a ��mporary food prep space , etc.#o proceed . We could move th
We 'd even be happy to get some inexpensi ve cabinets from the restore that are in gaud
condition and split the cost with you ? Really open to options! BLA there are definitely some
issues with the flocr and lower part of cabinets , mostly.
We've also talked about maybe updating appliances at some point and planned to talk with you
about that later on. If you thinkit makes sense to talk about that as a holistic view of the kitchen ,
we' re happy to. since we 're planning to be in the house for as long as you'll have us , we're
wilting to work out -,3ame arrangements on haw to make it all work vui #haul making it boo much of
a burden ., We defiritely care about the house and cannot wait to move in. !
Medium Priority
Front storm door doesn 't latch and missing slaw closer.
• Sconce knobs (3rd door, yellow room & 2nd floor, gray room)
Lower Priority
1
- r
• Windows
i
OIL-
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tek^ Too
but s' water h&Je I #Ns (Of OW w&4W and R4 'nq QxM be a "
ke Mat-
y OCCUffed
drOPiW t to open the bAhead #co get S
wry hw.FWq On ?FOm WN& swess Of
a# Calise of It was,
&4WOV an his otty `�'"
had sow MM Vw* at
sky. WoeM b& titrt
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cart Of
Ai ova- wat m and muggy A the
mimrrw awn there. SonviOWS t'M l fextilq you Cuz OtW&MMjv � a SrTqNOM
there's ccmdensation to the pq*s aS both know, tuckily i th"e"S a Vwr, As sow as I hear
well W01 k)*k on youf vde Surklay.. St {ate S huo Dfl fnr t twit Lit rt of caw ws ym irrPow At least
We,r@ a WOV takoV care of a lanul v ! st vmnl j?jj t hts watef in t
hP
MaltV hose had to be shut off Ill can Our
fAwn be r bu t nO cI w tS
wo t akc Bo4 water 0 hot rweded.
Okay. SGg4d46SSUtnrrWfO( the
OF Uses of us Prorng for all the
watef inst cad W separate tj n ks_ CA
�A you pied
iN Jo. We +l try arrl deciobw d it's Took test Rrviabe to PkW4*
just d 7OffWjr Test
be back 10(norrOw aftOMW Men I'll
Mssago youaftef We
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bEL
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CojVs afe hele nOw 10tacmg wat@f
5:17 he-etv pigs d i t run any watel
<* replaceroem on watel' heaW
Hf uny you t t if aboW k v�rhg
rrrr UvKR M111U1 r VW .41AM I LM I V>1 M 19 g year berauw V%V ssipwy to obi++ sf� Con
"WS&Dr you a## we kok ywt ode as won it , vety ta-ted guys are going 10 Corchar d a
t imm nj it`s ode each Have twIng Dark ambow on* to install
.0 5efp ttae rwrw consuuttion �n uter in 1tr. dav
efV11 we donl r4ed ;W t*d nmmmp Momb, we've got a POUK et
ims W jug roe
wrowo Ng
- (haqft ti n apt _ t i #ed b (D
11 InNI Thee vmv MW r 111 keep you posted
just *Mmed to
ju sl hWd the *attr f mate# m
defrstass. .It's llea�
AAd ve^ opnMVucim CM p
.T sd*V ; -
WON a LAW bowyo kw rS
fry wah the 2nd new
watt/ I' eatef and is CKAW9 It in *.
t4ol a p,0b1em v;ith I ghtanrtig sIul#.
I'll keep you posted on water heatef
Took f jr 151 8'4raifa bre appi IQ nam repLacemeni
wiaw healow (Sq look
T -wow rtrw - 'r sn t h n
B-12 b i Mkt t o bit �w issue �..�
and needs to be relAaCed 4hat 0 11
ne4ed 1a be schedu led- Water ran be LB'14,
----
uM d t o PS juS1 no W. 'fl>uf New water f a ter being defiveted
d,Omasher is NOT of fectea as it ter jow. 5tili wa4ting for install
heats ilseff. Poll lei you k as SOM dept loullforday/IrMIDbeputin J '
as , kno vw
0 k I think Fre bac k- i n b U rues&.1
Plumber 4 s back wdh the 2nd new
water heater and Is putfing it -in ncw,
New vyater l afet rnstal�at mDn appf is Again please no r ni r the wa t ef',
so��� � I #��� � � tl�a� ���r�r #�rrrr� rr�or n�r�� It+ n 8 - I 1
already found Out n td a ,� I'll let you know vin it's Cornoleted
watet heat ef. Wdl schedule today if
Possible- Will be done Ibis v068k. In
addotkM jo dshwasher being f trwp to
run- Ivry jS 05 will, JUSt USC the just an FYI even 1ho ibis is our 3rd
r-oJd wvash sM t mg. Shomrs VW vater hentef I lotgel it Ihe wa teir in
r d f o ggpR c fitafnye' NI I kn the houw has 10 be slxj I M P d4p ring
.b hen install is replacement .host a heads uo in
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