173 Lafayette Street #7 Inspection 1-8-2018 CITY OF SALEM, MASSACHUSETTS IV
BOARD OF HEALTH
120 WASHINGTON STREET,4711 FLOOR PPublicHadth
Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramdinosalem.com
LARRY RAMDIN,RS/I2EHS,CFIU,CP-FS
MAYOR HEALTH AGENT
January 8,2018
173 Lafayette Street LLC/Maria Correia
PO Box 52
Salem, MA 01970
VIA CERTIFIED MAIL: 7012 3050 0001 2959 8037
Dear Sir/Madam:
In accordance with Chapter III, 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 173 Lafayette Street#7 permitted by occupant Christina Cutting, conducted by
Elizabeth Gagakis, Senior Sanitarian on December 28 2017 @ 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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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 Healt Reply to:
Larry Ramd Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: Tenant
00
CITY OF SALEM, MASSACHUSETTS IV
BOARD OF HEALTH
120 WASHINGTON STREET 4:m FLOOR PaHcHealt1
Prevent.Promote,Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL 1ramdin CT salem.com LARRY RAMDIN,RS/RI HS,CHO,CP-FS
MAYOR HEiiL I'II AGENT
State Sanitary Code, Chapter II : 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Christina Cutting Owner: 173 Lafayette St LLC/Maria Correia
Phone number: 978 210-4684
Address: 173 Lafayette Street#7 Address: PO Box 52
Salem, MA 01970 Salem, MA 01970
Inspection Date: December 28, 2017 Time: 3:00pm
Conducted by: Elizabeth Gagakis Accompanied By: Tenant
Specified Time Rwej #410. Violaticn(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:
24-48 hours .201 1. Tenant had complaint of insufficient heat in the unit. At the time of inspection,
temperatures in the living room were found to be approximately 58 degrees F.
Heating system must be able to maintain temperatures to a minimum of 68
degrees F. from 7:00am to 11:00pm, and 64 degrees F. from 11:01 pm to 6:59am
during the period between September 15 and June 15, both inclusive, every year.
Owner was spoken with prior to inspection and a phone call made after the
inspection to address the issue.
24-48 hours .550 2. Tenant had complaint of mice in the unit. At the time of inspection, mouse
droppings were observed in the kitchen on top of the fridge and on counters/in
cabinets. Owner to hire the services of a licensed exterminator to inspect and treat
the unit for mice; tenant must comply with any recommendations from exterminator
to assist in eliminating the mice, and treatment must continue until the problem is
eliminated. Please forward copies of invoices for service to the Board of Health for
our records. Owner to correct this violation within 24-48 hours.
One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s)
f{
Code Enforcement Inspector
Este es un document legal'importan . Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
rHE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
;ODE 00 ATIONS CORRECTED.
I. Rent Withholding(General Laws Chapter 239 Section 8A)
If 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 Imp it your health or safety and that your landlord knew about the violations before you were
behind In your rent.
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it (For this it is best to put the rent
money aside-in a safe 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. K your local code enforcement
agency certifies that there are code violations which endanger or materially Impair your health,safety or well-being 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 contact to have them made) within five 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 repalm.
. Retarrafory Rent Increases or Evictions Prohibited(General laws Chapter 186.Section 18 and Chapter 239 Section 2A).
The owner may not Increase your rent or evict you in retaliation for matting a complaint to your local code enforcement
agency about code violations. If the owner raised your rent or hies to evict within six months after you have made the
complaint he or she will have to show a good"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 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 wrecelvW who may spend as much of the went 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 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.
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.
iE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT -
3 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 Street
Peabody,MA 01960 Lawrence,MA 01840
(978)531-0767 (978)689-7833