390 Essex Street #2 Inspection 1-30-2017 Postal
CERTIFIED MAILT. RECEIPT(Domestic Maff Only,No insurance coverage Provided)
r„ t:
r '
ti
trl Postage
r•�
Certified Fee
ru Postmark
C3 Return Receipt Fee Here
[] (Endorsement Required)
M Restricted Delivery Fee
C3 (Endorsement Required)
nJ
M Total Postage R Fees
m
Sent To J
m
� `Street,ilpt_ ---•-----
No.;
or PO Box No. ----------------------
City,State,ZlP+4
• F
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4T'4 FLOOR pPubhCHea.Promote. n
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramdin&salem.com
MAYOR Lr\IZ1tY RANIDIN,RS/1ZEIIS,CI-IO,CP-FS
HEALTH AGENT
March 1,2017
Steven Sass
84 Grove Street
Auburndale, MA 02466
VIA CERTIFIED MAIL: 7013 3020 0002 1522 7030
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 390 Essex Street#2 permitted by occupant Emma Miles, conducted by Elizabeth
Gagakis, Senior Sanitarian on January 30,2017 @ 2:30 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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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 Elizabeth Gagakis
Health Age Senior Sanitarian
cc: Tenant
CITY Or SALEM, MASSACHUSETTS
s
BOARD OF HEALTH
120 WASHINGTON STREET,4m FLOOR Prevent,Promote.FP. n
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramdin&a salem.com
MAYOR L,�1RRY R.�MDIN,RS/REHS,CHO,CP-FS
HErU.TH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Emma Miles Owner: Steven Sass
Phone number: 978 335-0054
Address: 390 Essex Street#2 Address: 84 Grove Street
Salem, MA 01970 Auburndale, MA 02466
Inspection Date: January 30, 2017 Time: 2:30pm
Conducted by: Elizabeth Gagakis Accompanied By: Tenant
Specified 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 .500 1. There is some staining in the corner of the kitchen ceiling over the microwave.
Investigate for source of any leaks and make any necessary repairs: scrape and
repaint over staining so ceiling is intact and in good condition. Owner to correct this
violation within 7 days.
7 days .351 2. The outlet under the living room windows does not work. Repair so outlet is in
proper working order. Owner to correct this violation within 7 days.
7 days .500 3. Left window in bedroom has no lock. Install a lock for this window. Owner to correct
this violation within 7 days.
7 days .500 4. Bathroom window does not lock. Repair so window is able to lock properly. Owner
to correct this violation within 7 days.
7 days .500 5. Right bedroom window does not lock. Repair so window is able to lock properly.
Owner to correct this violation within 7 days.
7 days .500 6. The floor at the entrance to the bathroom is a trip hazard. Provide a threshold for
the entrance so the floor is intact and in good condition and does not constitute a
trip hazard. Owner to correct this violation within 7 days.
7 days .500 7. Left living room window has a broken rope. Repair rope so window 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 importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma.
r nc rVLW'v'nv 10 A DIUrx Dummfucr uh UUME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
,'ODE V10LA71ONS CORRECTED
I. Rent Withholding(General Laws Charpter239 Section 84)
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 teat.
B. You did not cause the violations and they can be repaired wide you continue to live in the building.
C. You are prepared to pay any portion of the rent into court 9 a judge orders you to pay& (For this it is best to put the rent
money rinds 3n a safe place.)
Repair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you to--.use your rent money to make the repairs yourself. ti 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. oUthe violations, you may be able to use this remedy. N 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 In'any year to make the repairs.
. ReVetmy Rent Irweases 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.-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 good'reason for the Inrreise 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 Reveivership(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"receive who may spend as much of the rent money as is
needed to correct the violation. The receiver its 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 rent returned N your dwelling unit does not
meet minimum standards of habitability.
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 Shore Community Action Programs Inc. Nmffreast Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 Lawrence,MA 01840
(978)531-0767 (978)689-7833