2-4 Howard Street Inspection 3-23-2004 CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
# 120 WASHINGTON STREET, 4TH FLOOR
�c SALEM, MA 01970
TEL. 978-741-1800
A'9►I� FAX 978-745-0343
STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, IRS, CHO
MAYOR HEALTH AGENT
March 23, 2004
John Lenzi
99 Lafayette Street
SalenT M zg
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 2-4 Howard Street(Rooming House) conducted by
David Greenbaum &Virginia Moustakis,Sanitarians on Monday March 23,2004 @ 10:30
a.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.
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 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modified or withdrawn.You may be represented by an attorney.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 Health Reply to:
'2�'e,71(
oanne Scott David Greenbaum &Virginia Moustakis
Health Agent Sanitarians
Licensing Fire Prevention Building Department Councillor Michael Sosnowski
w
• CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
• t 120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
TEL. 978-74 1-1 600
'ul+e>i FAX 978-745-0343 Page 1 of
STANLEY USOVICZ. .lr' JOANNE SCOTT. MPH. RS. CHO
MAYOR HEALTH AGENT
State Sanitary Code, Chapter 11: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant :_ALM//V(:,- 6± Phone: _
Address: Apt.# /3 . Floor
Owner: a Address: e,
Inspection Date: 3-d,3--e 4 Time:
Conducted B 1G1<)! Accompanied By:/.i rAal,eIwi
Anticipated Reinspection Date:
Specified Time Reg.#410.. Violations)
l
jc ved
zz
r
•e_
P_^ ar /V ,� 'e 30 a
One or more of the above violations may endanger or materially impair the health C e, LI(,er.' 1,11
safety, and well being of the occupant(s) / b
Code Enforcement Inspec Wr 1- tIt
Este es documento legal importante. Puede que afecte sus derechos.
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Appendix II (14)
Legal Remedies for Tenants of 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 :
L Rent Withholding (Massachusetts General Laws,Chapter 239, section 8A): If Code Violations Are Not
Being Corrected you may be entitled to hold back p rent our pa
yments.yments. You can do this without being evicted if:
You can prove that your dwelling unit or common areas contain code violations which are serious
enough to endanger or materially impair your health of safety and that your landlord knew about the
violations before you were behind in your rent.
You did not cause the violations and they can be repaired while you continue to live in the
building.
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)
2. Repair and Deduct(Massachusetts General Laws,Chapter III,section 127L):The law sometimes allows
you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that
there are code violations which-may.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. If the owner
fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after
the notice or to complete repairs within 14 days after notice,you can use up to four months rent in any year
to make repairs.
3 Retaliatory Rent Increases or Evictions Prohib�assachusetts General Laws,Chapter 186, section
18, and Chapter 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 owner raises your
rent to try 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 damages or if he or she tries this.
4_ Rent Reeeivershi assachusetts General Laws Chapter U, section 127 C-H):The occupants and/or the
Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than io
the owner.The court may then appoint a"receiver"who may spend as much of the rent 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& 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 "nthhold rent or take an%,
other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attorney_ you
should contact the nearest legal services office, which is
North Shore Community Action Northeast Housing Court
Programs Inc. 2 Appleton Street
98 Main Street Lawrence, MA. 01840
Peabody, MA. 01960 (978) 689-7833
(978) 531-0767