51 Salem Street #3 Inspection 12-20-2017 postal
CERTIFIED MAIL. RECEIPT
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03 CITY OF SALEM, IVIASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4m FLOOR rtblic
Healffi
Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramditl@salem.com
MAYOR LARI2Y 12AD4DIN,RS/REHS,CIIO,CP-FS
HEALTH AGENT
January 2,2018
Francisco Lora
7 Lemon Street
Salem, MA 01970
VIA CERTIFIED MAIL: 7012 3050 0001 2959 8013
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 51 Salem Street#3 permitted by occupant Lysbette Santana,conducted by
Elizabeth Gagakis,Senior Sanitarian on December 20 2017 @ 2:00 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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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 Health Reply to:
Larry Ramdin Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: Tenant
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CITY OF SALEM) MASSACHUSETTS
BOARD OF HEALTH i��'p'"{Y,��WL'Y{� HHGw��Yyi
120 WASHINGTON STREET,4"i FLOOR Prevent.bli Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL Itaindin@salem.com
MAYOR LARRY I2AMDIN,RS/REDS,CI-IO,CP-FS
HI ALTI-I AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Lysbette Santana Owner: Francisco Lora
Phone number: 978 908-6815 Address: 7 Lemon Street
Address: 51 Salem Street#3 Salem, MA 01970
Salem, MA 01970
Inspection Date: December 20, 2017 Time: 2:00pm
Conducted by: Elizabeth Gagakis Accompanied By: Tenant
Specified Time Rer. #410. Violations}
1 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 the initial
inspection, temperatures in the unit were found to be between 63 and 66 degrees
F.; thermostat was turned up past 70 and baseboard heating units in several rooms
were found to only be lukewarm. Heat must be able to maintain a minimum
temperature in the unit of 68 degrees F.from 7:00am to 11:00pm, and 64 degrees
F.from 11:01 pm to 6:59am at all times between the dates of September 15 and
June 15, both inclusive, every year. Owner must make repairs to ensure these
minimum temperatures are met. Several conversations with owner have been had
regarding this matter and the heating system has been looked at at least once; the
issue continues to be worked on. Owner to correct this violation within 24-48 hours. ,
24-48 hours .550 2. Tenant had complaint of mice in the unit. At the time of inspection, mouse.
droppings were observed in several areas including in a corner near the side entry
door, in the stove and under the kitchen sink. Owner must hire services of a
licensed exterminator to inspect and treat the unit for mice; treatments must
continue until problem is eliminated. Please forward receipts for service to the
Board of Health for our records. Owner to correct this violation within 24-48 hours.
7 days .351 3. There are electrical outlets missing face plates in the foyer at the side entry.
Provide face plates for all outlets and switches. Owner to correct this violation
within 7 days.
7 days .480 r 4. First bedroom near side entry door has a window missing a lock. All windows must
have working locks. Owner to correct this violation within 7 days.
7 days .351 5. Ceiling light in same bedroom as above is loose. Secure light so it is in proper
working order. Owner to correct this violation within 7 days.
7 days .500 6. Front bedroom has a cracked window. Repair window so it is intact and in good
condition. Owner to correct this violation within 7 days.
7 days .351 7. Window screen in same bedroom as above is ripped. Repair screen so it is intact
and in good condition. Owner to correct this violation within 7 days.
7 days .351 8. The cover to the baseboard heater in the same bedroom as above is damaged and
falling off. Repair baseboard so cover stays on properly and baseboard is in good
working condition. Owner to correct this violation within 7 days.
7 days .500 9. There is some staining and cracking on the ceiling in the same bedroom as above,
indicating a leak. Investigate for source of leak and repair so it does not reoccur;
scrape and repaint affected areas so ceiling is intact and free from stains or
damage. Owner to correct this violation within 7 days.
24-48 hours .482 10. Smoke detector in same bedroom as above is missing from ceiling. Provide and
install working smoke detector for this bedroom: referred to fire prevention for
follow-up. Owner to correct this violation within 24-48 hours.
7 days .500 11. Back bedroom has a cracked window. Repair window so it is intact and in good
condition. Owner to correct this violation within 7 days.
7 days .500 12. There are gaps around the top of the window in the back bedroom. Seal gaps to
make window weathertight so it excludes weather and pests. Owner to correct this
violation within 7 days.
7 days .500 13. Bathroom window is cracked. Repair window so it is intact and in good condition.
Owner to correct this violation within 7 days.
7 days .351 14. Caulking around tub is mildewed and damaged. Remove old caulk and re-caulk so
tub is intact and in good condition. Owner to correct this violation within 7 days.
7 days .351 15. The cover to the baseboard heater in the bathroom is missing. Provide a cover so
baseboard is in good working condition. Owner to correct this violation within 7
days.
7 days .500 16. Threshold at floor leading into kitchen is loose and coming off the floor. Repair so
threshold is secured to the floor. Owner to correct this violation within 7 days.
7 days .500 17. There is staining on the ceiling of the kitchen, possibly indicating a leak. Investigate
for source of leak and repair so it does not reoccur; scrape and repaint affected
areas so ceiling is intact and free from stains or damage. Owner to correct this
violation within 7 days.
7 days .500 18. There is a damaged floor tile in the kitchen in front of the stove. Repair so floor is
intact and in good condition. Owner to correct this violation within 7 days.
7 days .500 19. There is some damaged flooring at the entrance to the living room from the
kitchen. Repair so floor is intact and in good condition. Owner to correct this
violation within 7 days.
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 impor ante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
,'ODE VIOLATIONS CORRECTED
I. Rent WOoldmg(General Laws Chapter 239 Section$A)
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 wft are serious enough to
endanger or materially impair your health or safety and that your landbrd knew about the violations before you were
behind in your rent.
8. You did not cause the violations and they can be repaired while you continue to live in the budding.
C. You are prepared to pay any portion of the rent into court K a judge orders you to pay.1L (For this it is best to put the rent
money aft in asafe place.)
'. Repair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you tQuse 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 healthy 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 falls 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 is any year to make the repairs.
. Retaliatory Rent Increases or Evictions Pmhibited(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.-K 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 gdod`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 127GH).
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.
Breach of Warr a*of Habitabirdy
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 Practiioes(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 -
Z 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
(978)531.0767 (978)689.7833