20 Pingree Street #2 Inspection 12-21-2017 Postal
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CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4"'FLOOR RibhcH Prevent.Promote.pan
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL Iramdin dsalem.com
L,
MAYOR AItI2Y RAI�IDIN,RS/REI-IS,CIIO,CP-FS
HEALTI I AGENT
January 3,2018
Marius Beqo
46 Cabot Street
Beverly, MA 01915
VIA CERTIFIED MAIL: 7012 3050 0001 2959 8020
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 20 Pingree Street#2 permitted by occupant Katelyn Batista,conducted by
Elizabeth Gagakis, Senior Sanitarian on December 212017 @ 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 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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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 Health Reply to:
Larry RamdIn Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: Tenant
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 W'ASHINGTON.STREET,4'H FLOOR Prevent,p�ro'moee
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramdinLtvsalem.com
MAYOR a LARRY RAMDIN,RS/REHS,CHO,CP—FS
HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Katelyn Batista Owner: Marius Beqo
Phone number: 978 975-1106 Phone number: 978 335-4562
Address: 20 Pingree Street#2 Address: 46 Cabot Street
Salem, MA 01970 Beverly, MA 01915
Inspection Date: December 21, 2017 Time: 10:00am
Conducted by: Elizabeth Gagakis Accompanied By: Tenant
Specified Time Re #410. Violation(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:
_ I
24-48 hours .201 1. Tenant had complaint of insufficient heat in the unit.At the time of inspection,
temperatures inside unit were found to be approximately 65 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
contacted by phone immediately following inspection and repairs made so heat
was restored to unit.
One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s)
Code Enforcement Inspector
Este es un document legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
1 s n..I vvgru+v'w♦v yr awmr-uI' i cnimi i a wv%i war-in vfwr%IV WC i nVU01NU
;ODE.YIOLATIONS CORRECTED.
I. Rent Withholding(General Laws Chapter 239 Section 8A)
If We Yolations 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 wft am serious enough to
endanger or material impair 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 bonding.
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 aft.in a safe place.)
Repair and Deduct(General Caws Chapter 111 Section 927L)
The law sometimes allow you touse 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 heal%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 notice or to
complete repairs within 14 days after notice you can use up to four months rent in any year to make the repairs.
. Retaliatory Rerht Increases or Evictions prohibited(General Laws Chapter 186.Section 18 and Chapter 239 Section?A).
The owner may not increase your rent or evict you in retaliation for malting a complaint to your local code enforcement
agency about code violations.-If the owner raised your rent or 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 complain
You may be able to sue the landlord for the damages If he or she lies this.
Rent Receivership(General Laws Chapter 111 Section 127C-M.
The occupants andfor 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
Breach of Warranty of Habitability..-
You may be entitled to sue-your landlord to have all or some of your vent returned if your dwelling unit does, not
meet minimum standards of habitabiilty.
.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 Shone Community Action Programs Inc. Northeast Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 Lawrence,MA 01840 j
(978)531-0767 (978)689-7833