1 NAPLES ROAD HOUSING COURT ORDER DOCKET No. 22H77CV000132 6-16-2022 COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT
ESSEX, SS HOUSING COURT DEPARTMENT
NORTHEAST DIVISION-SALEM SESSION
DOCKET NO.: 22H77CV000132
GEORGE BRESNAHAN
LINDS BRESNAHAN
Plaintiff
V.
JESSIE STEPHENS
BRENTSTEPHENS
Defendant
- ORDER:ON PLAINTIFF'S REQUEST FOR _.. .�.
INJUNCTIVE RELIEF &
DEFENDANT'S REQUEST TO DISMISS
On June 16, 2022, a hearing occurred on the Plaintiff s request for an order to enjoin the
Defendants from failing to provide access to the leased premises to inspect and or make repairs.
Attorney Carl Goodman appeared with the Plaintiff, and Defendant Jessie Stephens appeared as
a self-represented litigant. Defendant Brent Stephens did not appear.
The Plaintiffs own and lease the premises at.lNaples Road, Salem,Massachusetts,which
the Defendants occupy as tenants. The parties agree that the local health board inspected the
premises, identified conditions that violate the state's sanitary code, and issued a repair order.
The Defendant recognizes that the Plaintiffs' have the right to access the unit to inspect and
make repairs; it is because the Defendant does not oppose granting access to which she seeks
dismissal of this matter. Both parties have a common interest in completing the repairs. Despite
the parties' common goal,they continue to differ on an equitable process to carry out the repairs.
Therefore based on the above, I order the following:
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ORDER
I. The Defendant's request to dismiss this matter is DENIED.
2. The Plaintiffs request for injunctive relief is ALLOWED as follows:
a. The Court enjoins the Defendants from prohibiting or interfering with the
Plaintiffs,their employees, agents, and contractors from accessing the unit to
inspect and make repairs.
b. The Court enjoins the Plaintiffs from failing to maintain the unit in compliance
with the state sanitary code by failing to comply with the local health board's
repair order. The Plaintiff must comply with the dates set by the local board of
_...health,.or if the.dates are expired as of the date.o&_the.hearing,then within a
reasonable time following the issuance of this order.
c. The Plaintiff shall provide the Defendants with written notice of their intent to
access the premises at least 24 hours before entering. The notice must indicate
the date and approximate time entry will occur, the purpose for making entry,
whether to inspect and or repair, and the name of those individuals entering the
unit or, if the names are unknown, the contracting company and their contact
information.
d. The parties already agree that next Thursday, June 23, 2022, the PIaintiffs shall
have access to the unit to make repairs. Therefore, a notice of this repair is
unnecessary, but all other inspections and repairs shall require notice.
e. Once the Defendants receive proper notice, the Plaintiffs, their employees, agents,
or contractor may enter the unit even if the Defendants are not present.
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f. While the Plaintiffs,their employees,agents,or contractor are in the unit,each
individual must wear protective equipment to prevent the transmission of the
Covid virus,which at the very least is a mask to be wom appropriately at all
times.
g. Either party may enforce this order by filing a complaint for contempt. If, after a
hearing,the Court determines the offending party committed a willful violation of
this clear and unequivocal order,they may be subject to a sanction, penalty,fine,
or further court orders.
h. Where both parties were present when the Court discussed the above order,the
Plaintiff need not serve_this decision by.a process.server. .The clerk will mail a.
copy of this decision in its ordinary course of business.
i. Where both parties are under an order,as described above,the Court waives any
fee associated with this decision.
j. The Plaintiffs have forty-five (45) days after this decision to request that the clerk
schedule the matter for trial. Otherwise, if the clerk receives no such request and
neither party moved to amend or enforce this order,then the Court shall dismiss
this action without prejudice under the assumption that no further injunctive relief
is required.
SO ORDERED
Is/Alex Mitchell-Munevar
Associate Justice
Date: 6/16/2022
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