6 ALLEN STREET - BUILDING JACKET 6 Allen Street �
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Cnitu of itWem, massnr4usletts
Public Propertg 19epartment
iguilbing Bepartment
(One #alrm (4rren
500.745-9595 Ext. 390
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
December 1 ; 1997
Bink Trink
312 Elliott Street
Beverly, Mass . 01915
RE : 6 Allen Street
Dear Mr . Trink:
This office received a copy of an inspection
conducted by a Mr . Jeffrey Vaughn Sanitarian. with the City
of Salem Health Department at 6 Allen Street which he
mentions a person sleeping in the basement and request you
to get in touch with me for a ruling on what codes need to
be met in order to allow this to continue . I have failed
to here from you and felt this was a major code violation
that should be addressed as soon as possible . Please
contact me as soon as you receive this letter so we can
address the safety issues . Failure to do so will result
in legal action being taken against you .
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
Leo E . Tremblay
Inspector of Buildings
LET: scm
cc : Jeffery Vaughn
Councillor Paskowski , Ward 1
yt
CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT,MPH,RS,CHO November 24, 1997 NINE NORTH STREET
HEALTH AGENT Tel:(979)741-1800
Binh Trinh Fax:(979)740-9705
312 Elliott Street
Beverly, MA. 01915
Dear Mr. Trinh :
In accordance with Chapter ill, 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
located at 6 Allen Street#2 occupied by John Louf conducted by Jeffrey Vaughan,Sanitarian on
Wednesday, November 19,1997 at 12:30 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 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 Health
Department at 7411-1800.
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 Salem District 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 Older 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 or 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:
oanne Scott Jeffrey Vaughan
Health Agent / Sanitarian
cc:Tenant, Electrical Inspector, Building ins
Heating/Plumbing Inspedor\-"
Certified Mail # P 173 156 304
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Pae 1 of
SALEM HEALTH DEPARTMENT
9 North Street
•oy4�� � Satem,MA 01970
State Sanitary Code, Chapter 11. 105 CMR 410.000
---__---—._-- -- Minimum Staodar-ds-oLFftmw for iuman_Habitation.
Occupant: Tnhn Lnuf ^ ' s `"*t Phone: 744-4733
. u
Address: f'Al1en street Apt. 2' Fbor 2
Owner. Binh Trinh Ra '�- cJ 7�D Address: 312 Elliott Street
Beverly, Me. 01915
Inspedion'Date-, November 19; 19971Tiine- " '42:30`0m'3
Conducted By: Jeffrey W. 'Vaughan Accompanied By: tenant, owner r
;;tl.E.2S 1 Jru'A. :; -, 943a 3f✓..: :.'i" . ,far 2,4".i:=is .d{:ts ja',L t _ _ . t' .1! I
Anticipated Reinspection Date days-from certified mail'receipt: r
Specrhed ,Reg r :V'rolatwn
Time • Alo
t
An-ins ection;wase'conducted+;in:.accordance;,with Article, II,;: State
Sanitary Code, 105 CMR 410. Upon inspection the following'we're 'noted:
::f-: t...tr`--. x.. •, , ,.:., ar; .x,o qj � W .. ' i:-_..r.„. ...,...t a t.'a " ._ -. ,. ,:✓' ..-a
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f h^ t # .r t 1 it r
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Alf S fjcadc
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One or more of the above violations may endanger or materially impair CC : E�or .a oC -r y
the health, safety and well-being or the occupants(s)
J. Sanitarian /,fear•%"-p�PC��„6:�
Code Enforcement Inspector rN
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquidruna traduccion de esta forma.
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'E;.rW�;� lrrAPPENDIIC'IIt(14) ctr. _ .. :.. .
-— -Legal Remedies for Tenants of
r r Residential Housing
The following Is a brief-summary of some of the legal remedies tenants may use In order to get,housing code violations ;
corrected:
1. Ren t WihholdmP(Massa diusetts General LaWs,Chapter 239,section 8A):Ir Code Violations Are Not Being Corrected you
maybe entitled.to hold back,your rem-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'tQ'your landlord knew about the violations before you were behind in,
yOUI reIlL ".,, 7 , ,;- P a i„y�•,J:t2:3;r$.;:,5 .. _.” . c •, -
B. You did not cause the violations and they can be repaired while you_._._contmue to live in the tiudding.
C. You are prepared to pay any.portion of the:remtiato:court if a judge_orders you to pay iL (For.this,itis best to.put the±,
rent money aside in a safe place.)
2. Ren it andDzd=(Massachusetts General Laws,Chapter 111,section 127L),.The law sometimes allows you to use your rent ,.
money m 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 welt being,and your landlord has received written notice of the violations;
you may to use this remedy.If the-ownerfailsto begin netdssary repairs(or to enter into a written contract to have thedix
-r
made)ar[lun five days afte{nouce or'to complete repairs Wgli l4days after nouce,'you can use up to-four months'rent m any;
:}.year.to mak the re
3:".Reralisl=-Rent Increases or Evictions Prohibited,(Massachusetts General,Laws,-Chapter 186,section.l8,and Cbapter 239,.
`section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint,to your local code
enforcement agency about code violations:If the ownerrrazsesyoux reittto tries to evict within si=onths after you have made
the complaint,_heor she.will:have to-show a good.reason for the increase or eviction which:is unrelated to your complaint.5`ou .may be able to sue the landlord for damages of he or she tees this
4. Rent Receivership(Massachusetts General Laws,_Chapter ll,section 127 C-H):.The occupants and/or the Board of Health may---
petition
ay :-petition the District or Superior'Court to"allow rent to ba paid into court rather than to the owner.The court may then appoint a
"receiver"who may spend as much of the lent money 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 to sue your landlord to have all or some of your rent returned if your.:
dwelling unit does not meet minimum standards of habitability.
6. Unfair and Deceptive Practices(Massachusetts 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.
The information presented above Is only a summary of the law.Before you decide to withhold your rent or take any other
legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney, you should contact the
nearest legal services office, which is:
Neighborhood Legal Services
37 Friend St.
Lynn, MA 01902
(617) 599-7730