73 School Street #1 Inspection 7-10-2017 r�
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CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH PublicHealth
120 W ASHINGTON STREET,4"H FLOOR Prevent.Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL Iramdin@salem.com ,
L.�ItRY R1D4DIN,RS/IiEIIS,CITO,CI 1`
MAYOR HI ALTI-I AGENT
July 24"2017
James Guerriero
35 High Street
Topsfield, MA 01983
VIA CERTIFIED MAIL: 7012 1640 0002 3313 1727
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 73 School Street#1 permitted by occupant Lisa Correa, conducted by Elizabeth
Gagakis, Senior Sanitarian on July 10,2017 @ 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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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:
n
Larry am n _ Elizabeth Gagakis
Health Age t Senior Sanitarian
cc: Tenant
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4r I FLOOR PublicHeaith
Present,Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEYDRISCOLL lramdin d)salem.com
L1RRY RIMDIN,RS/REI-IS,CIIO,CP-FS
MAYOR HEAI.;TH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Lisa Correa Owner: James Guerriero
Phone number: 978 881-8824 Address: 35 High Street
Address: 73 School Street#1 Topsfield, MA 01983
Salem, MA 01970
Inspection Date: July 10, 2017 Time: 10:00am
Conducted by: Elizabeth Gagakis Accompanied By: Tenant
Sp ecified Time Reg. #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:
7 days .351 1. Vent in the bathroom is very loud and falling out of the ceiling. Repair vent so it is
in proper working condition and installed properly in the ceiling. Owner to correct
this violation within 7 days.
7 days .500 2. There is a large amount of what appears to be mildew on the upper walls and
ceiling in the bathroom and around the window casing and sill. Investigate to
ensure there are no leaks contributing to this issue and scrape and repaint the
bathroom to remove the mildew. Tenant to ensure window is accessible for
ventilation and owner to repair ceiling vent to help this problem not continue to
reoccur. Owner to correct this violation within 7 days.
7 days .500 3. Window sill in bathroom is damaged and mildewed. Repair window sill so it is intact
and smooth/impervious to exclude moisture. Owner to correct this violation within 7
days.
7 days .500 4. Grout and caulk in the tub/shower is mildewed and damaged: Remove and replace
affected grout and caulk so tub and shower are in good condition and exclude
moisture. Owner to correct this violation within 7 days.
24-48 hours .482 5. Smoke detector in front hall is missing a battery. Provide a battery and ensure
smoke detector is in working condition and in compliance with applicable codes.
Owner to correct this violation within 24-48 hours. (referred to Fire Prevention)
+7 days 351 6. There is peeling paint on the ceiling over the closet in the kitchen. Scrape and
repaint so ceiling is intact and in good condition. Owner to correct this violation
' within 7 days.
7 days .500 7. Kitchen floor is damaged in front of back entry door. Repair floor so it is intact and
in good condition. Owner to correct this violation within 7 days.
7 days .500 8. There are holes and cracked plaster on the wall at the left of the kitchen sink.
Repair walls so they are intact and in good condition. Owner to correct this
violation within 7 days.
7 days .551 9. Window over kitchen sink has no screen in it. Provide a screen for this window, to
be installed between April 1 and October 30 every year. Owner to correct this
violation within 7 days.
7 days .351 10. Outlet at kitchen sink is missing covers. Provide plate covers for this outlet. Owner
to correct this violation within 7 days.
7 days .351 11. Light switches at the back door have no cover. Provide plate covers for these
switches. Owner to correct this violation within 7 days.
7 days .500 12. There is no door knob on son's bedroom door. Provide a door knob for this door.
Owner to correct this violation within 7 days.
7 days .551 13. Both kitchen window screens are poorly fitted to their frames and ripped. Repair
screens so they are intact and tight-fitting to the frame to exclude insects. Owner to
correct this violation within 7 days.
7 days .500 14. Bottom sash of left kitchen window fell outward when window was opened. Repair
window so sash operates properly and stays in place when window is opened.
Owner to correct this violation within 7 days.
I
7 days .551 15. Son's room is missing at least one window screen. Provide a screen for this
window and any others missing screens-screens must be installed in all windows
between April 1 and October 30, both inclusive, every year. Owner to correct this
violation within 7 days.
24-48 hours .482 16. There is not a carbon monoxide detector within ten feet of son bedroom or the
master bedroom. CO detectors must be provided and in working order within ten
feet of every sleep area; provide CO detectors accordingly and in accordance with
applicable codes. Owner to correct this violation within 24-48 hours. (referred to
Fire Prevention)
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.
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(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 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.)
2. Repair and Deduct(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 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.
3. Retaliatory 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 making 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 complaint.
You may be able to sue the landlord for the damages if he or she tries this.
4. Rent Receivership(General Laws Chapter 111 Section 127C-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. 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 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.
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:
North Shore Community Action Programs Inc. Northeast Housing Court
119 Rear Foster Street,Building 13 2 Appleton Street
Peabody, MA 01960 Lawrence, MA 01840
(978)531-0767 (978)689-7833
www.nscap.org