12 Mall Street #4 Inspection 6-8-2017 Postal
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:00 August 2006See Reverse for Instructi om
soCITY OF SALEM, MASSACHUSETTS
BOARD OF HE,�LTH
120 W ASHINGTON STREET 4"FLOOR PabliCHealth
Prevent.Promote.Protect.
TEL. (978) 741-1800 FAX(978) 745-0343
KIMBERLEY DRISCOLL Iramdin(rilsalem.com
MAYOR L,�RRY IL-1MllIN,RS/ItLI-IS,CHO,CP-FS
HE,xLTI I AGENT
June 20, 2017
Alan Hope
Charles Hope Companies
370 Great Pond Road
North Andover, MA 01845
VIA CERTIFIED MAIL: 7012 3050 0001 2959 6132
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 12 Mall Street#4 permitted by occupant Gina Mitchell, conducted by Elizabeth
Gagakis, Senior Sanitarian on June 8,2017 @ 11:00 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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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 Ra in Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: Tenant
CITY OF SALEM, IVIASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET 4"'FLOOR PublicHealth
Prevent.Promote.Protect.
TEL. (978) 741-1800 FAX(978) 745-0343
KIMBERLEY DRISCOLL Iramdingsalem.com
I.,1I
MAYOR t1tY R<l�1DIN,RS/RFHS,CI IO,CP-i'S
HI3AI.,TH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Gina Mitchell Owner (receiver):Alan Hope
Phone number: 978 210-2326 Charles Hope Companies
Address: 12 Mall Street#4 Address: 370 Great Pond Road
Salem, MA 01970 North Andover, MA 01845
Inspection Date: June 8, 2017 Time: 11:00am
Conducted by: Elizabeth Gagakis Accompanied By: Tenant
Specified Time Reg. #410. Violation(si
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:
14 days .500 1. The living room floor has areas of damaged/loose and cracking boards, one
particularly loose and cracked board between the fireplace and stairs to third floor,
and one patched piece which is loose. All floor boards must be made intact and
secure for safe use so the entire floor is in good condition. Owner to correct this
violation within 14 days.
14 days .500 2. There are some cracked/loose floor boards in second floor bedroom. Repair floor
so it is intact and in good condition. Owner to correct this violation within 14 days.
7 days .553 3. One window in the living room is missing a screen. Provide a screen for this
window; screens must be installed between April 1 and October 30, both inclusive,
every year. Owner to correct this violation within 7 days.
7 days .551 4. There are holes in the screens in the bathroom windows. Repair screens so they
are intact and in good condition. Owner to correct this violation within 7 days.
1
7 days .500 5. There is a gap around the frame of the screen in the right bathroom window.
Repair screen/frame so it fits properly in window and there are no gaps to the
outside. Owner to correct this violation within 7 days.
7 days .500 6. Bathroom flooring behind the toilet is peeling up. Repair flooring in bathroom so it
is intact, in good condition and properly installed throughout. Owner to correct this
violation within 7 days.
7 days .351 7. There are areas of seaming in the vinyl shower enclosure missing caulk. Re-caulk
all seams in shower enclosure so it excludes moisture and is in good condition.
Owner to correct this violation within 7 days.
7 days .500 8. Areas of the kitchen floor are damaged and peeling. Repair flooring in kitchen so it
is all intact and in good condition. Owner to correct this violation within 7 days.
24-48 hours .482 9. Smoke and carbon monoxide detector has been removed from living room. Owner
and tenant to ensure smoke/CO detector(s)are installed with working batteries at
all times. This violation to be corrected within 24-48 hours; tenant made aware of
this at time of inspection. This violation also referred to Fire Prevention.
7 days .500 10. There is a gap around the frame of the screen in the window at the stairs to the
third floor. Repair screen/frame so it fits properly in window and there are no gaps
to the outside. Owner to correct this violation within 7 days.
7 days .500 11. The floor in the room at the top of the third-floor stairs has areas of damaged/loose
and cracking boards, one patched piece which is loose, and there are large gaps
between some of the boards. All floor boards must be made intact and secure for
safe use so the entire floor is in good condition and there are no gaps between
boards. Owner to correct this violation within 14 days.
7 days .500 12. The window sill/frame in side facing window in third floor bedroom is in disrepair
and has damaged caulk in and around it and chipping paint on the sill.Window sill
and frame must be repaired to be intact and in good condition so window is
weathertight and must be repainted so paint is intact. Owner to correct this
violation within 7 days.
7 days .551 13. There are holes in the screen in the side facing window in the third floor bedroom.
Repair screens so they are intact and in good condition. Owner to correct this
violation within 7 days.
7 days .351 14. Light switch inside third floor bedroom is missing a face plate. Provide a face plate
for this switch. Owner to correct this violation within 7 days.
24-48 hours .482 15. Smoke detector at the top of the stairs leading to unit is missing. Provide working
smoke detector for this location. Owner to correct this violation within 24-48 hours.
This violation also 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)
a
Code Enforcement Inspector r
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