2-4 Howard Street Inspection 8-9-2000 --- ____7
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Salem Health Department
AUG S 2000 9 North St.
Salem, Mass. 01970
CITY OF SALEM
HEALTH(KEPT.
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o John Lenzi ❑ R i tic' Certified cc
99 Lafayette Street ❑ _ I ❑ Insured._ 5
Marblehad, MA 01945 ❑ Re t- dise ❑ COD
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(2-4 Howard St RH ) VM
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CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET
HEALTH AGENT Tel:(978)741-1800
Fax:(978)740-9705
August 9, 2000
John Lenzi
99 Lafayette Street
Marblehead, MA 01945
Dear Mr. Lenzi :
In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws. 105 CMR 400.00: State
Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II
Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 2-4 Howard Street
occupied by(Rooming House)conducted Virginia Moustakis, Sanitarian on Wednesday, August 9, 2000 at 10:00
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 Health Department at 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Order should be modified or withdrawn: You may be represented by an attorney.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 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:
Joanne Scott Virginia Moustakis
Health Agent Sanitarian
cc: Councillor R. Flynn, Licensing Board, Fire Prevention, Building Inspector& Electrical Inspector
Certified Mail #Z 447 277 877
JS/silk c-h-violet
Page 1 of .2 _
�`SALEM-HEALTH DEPARTMENT
9 North Street
Salem.MA 01970
State Sanitary Code. Chapter 11: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: g Phon' LLVIL_
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Address: - f- t. st<cras
Ap Floor
Owner. vo - 2-4 Address: r42614& E C .
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Inspection Date: S-9 aa-0,9 Time 10. Od
Conducted By: Accompanied By: 14cO-ASr-q A96a.e164a� 1004aco
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Anticipated Reinspection Date: /,,1ce4s/4q ,Qaa A?6e
CcaseV IC,ee Own�i �rja�s/IaG.
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Specified Reg # Violation
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One or more of the above violations may endanger or materially impair
the health, safety and well-being or the
occupants(s)
Code Enforcement Inspector
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquiriruna lraduccion de esta forma.
APPENDIK:Y1.(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:
1. Rent Withholding(Massachusetts 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 impair your health or-safety and that your landlord knew about the violations before you were behind irr
your rent.
B. You did not cause the violations and they-can lie 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.)
2. Rfp&and Dcdtm l(Massachusetts General Laws,Chapter 111,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
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 theme
made)within five days after notice or to complete repairs within 14 days after notice, you can use up to four months'rent in anf
year to make the repairs.
3. Retaliatory Rent Increases or Evictions Probibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,_
section 2A)-The owner may not increase your rent orevrct you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries 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 of he or she tries this.
4. RentRe-oeiversbip(Massachusetts General Laws,Chapter'11,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 to 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. Breacb of Warranty of Habitability: You maybe 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
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' SALEM HEALTH DEPARTMENT Page�
9 NortttStreet
Salem.-MA 01970
Name.. �l f
Address:
Specified Reg 9 Violation
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Ay
410.250: continued 410'1
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(B) two separate wall-type convenience outlets.or one such outlet and one electric light fixture.
The outlets shall be placed in practical locations and shall insofar as practicable,be on different
walls and at least ten feet apart. (See 105 CLNa 410.351.)
410.251- Kitchen Lifhtinqand Electrical Outlets
410�
The owner shall provide for each kitchen:
(A) one electric fight fixture;
(B) two wall-type convenience outlets located in convenient locations;and
4102g0-
(C) For each kitchen over 70 square feet, transparent or translucent glass which admits light
from the outdoors and which is equal in area to no less than 8%of the entire floor area of that
kitchen.
410 251- Bathroom LiAtina and Electrical Outlets
The owner shall provide in each room containing a toilet, bathtub, or shower one electric
light fixture. (See 105 Ci1M 410.150(A)(1)and 410.150(B).)
410'?53• I-ht Fixtures Other than in Habitable Rooms or Kitchen,
(A) The owner shall provide and so locate electric light switches and fixtures in good working
order so that illumination may be provided for the safe and reasonable use of every laundry,
pantry, foyer, hallway, stairway, closet, storage plat-, cellar, porch, exterior stairway and
passageway.
(B) The owner shall provide working incandescent light bulbs or fluorescent tubes in all
required light fixtures in all common areas of any dwelling.
410_i
410')54• Light in Passa9cwzvs Hal lways=and Stairways
(A) Except as allowed in 105 C YM 410.254(B),the owner shall provide light 24 hours per day
so that ilhtmination alone or in conjunction with natural lighting shall be at least one foot candle
as measured at floor level, in every part of all interior passageways, hallways, foyers and
stairways used or intended for use by the occupants of more than one dwelling unit or rooming
unit: 41 C
(B) In a dwelling containing three or fewer dwelling units,the light fixtures used to illuminate
- a common hallway, passageway, foyer and/or stairway may be wired to the electric service
serving an adjacent dwelling unit provided that if the occupant of such dwelling unit is
responsible for paying for the electric service to such dwelling.unit:
(1) a written agreement shall state that the occupant is responsible for paying for light in
the common hallway,passageway,foyer and/or stairway,and
(2) the owner shall notify the occupants of the other dwelling units.
410 255 mperag 4
The electrical service supplying each dwelling, dwelling unit,rooming house and/or rooming
unit shall supply sufficient amperage to meet the reasonable needs of the occupants. Should the
amperage be determined to be inadequate it shall be corrected so that it meets the amperage
requirements of 527 CNdR 12.00: The Mavachuserts Electrical Code.
410 256- Temporary Wiring
No wiring shall be under a rug or other floor covering, nor shall any extend through a
doorway or other opening in a structural element. No temporary wiring shall be used or made
available for use by any owner or occupant provided, that extension cords which connect
portable electric appliances or fixtures to convenience outlets shall not be considered temporary
wiring.
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3public propertp Mepartment
jguilbing Mepartrnent
(One 6aiem green yPgavto
(978) 745-9595 c�xt. 380 Peter Strout ��u � � 20pp
Director of Public Property
Inspector of Buildings CITY OF SALEM
Zoning Enforcement Officer HEALTH DEPT.
August 10, 2000
John Lenzi
99 Lafayette Street
Marblehead, Ma. 01945
RE: 2-4 Howard Street
Dear Mr. Lenzi:
It is nice to see rooming houses being maintained to the standards in which you keep
yours. There were two (2)minor issues I found in your building.
1. Room 22—Needs a very good cleaning in the kitchen area. I understand it's the
tenant and not you that is to blame for this situation.
2. Handle for cellar door exit.
Thank you again for the effort you put into your buildings.
Sincerely,
I��-a P�� &I I
Frank DiPaolo
Local Building Inspector
cc: Joe Walsh
Health Department
Fire Prevention
Licensing
Councillor Flynn
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CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT, MPH,IRS,CHO NINE NORTH STREET
HEALTH AGENT Tel:(978) 741-1800
Fax:(978) 740-9705
MEMORANDUM
To: John Lenzi
From: Joanne Scott, Health Agent,
Date: July 19, 2000
Re: Rooming House Inspection
CC: Frank DiPaolo, Inspector of Buildings, Charles Latulippe, Fire Prevention,
Harold Blake, Chairman, Salem Licensing Board
The rooming house inspection for 2-4 Howard Street. has been rescheduled to
August 9, 2000 at 10:00 am. Release forms required for all units.
Inspection of & Date Time fQO �7
Name c - / Address
Owner !_�/VZY _ Tel. No. ,/
Type of Inspection E Inspector Y�IOGLS7'�i5
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( " ) Remarks and Violations are listed below:
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Inspection of Date Time
Name _ _ — Address
Owner Tel. No.
Type of Inspection__ Inspector
( " ) Remarks and Violations are listed below:
Report Received by:
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