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390 Essex Street #1 Inspection 1-30-2017 U.S. Postal Service,. 'CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) L3 ru OFFICIAL USE ru Ln Postage $ r-3 Certified Fee ru C3 Return Receipt Postmark leceipkFee Here C3 (Endorsement Required) M Restricted Delivery Fee r3 (Endorsement Required) rLi M Total Postage&Fees $ M M Sent To rq ...............--------- M KFiif Apt.-No.; r. or PO Box No. City,State,ZIP+4 -----------------------—-------------------------------------------- -PS Form 3800,August 2006 See Reverse for lnstructio_a N CITY OF SALEM, MASSACHUSETTS Is BOARD OF HEALTH v�,��,� 120 WASHINGTON STREET,4"`FLOOR PubPrevent, sro'�mou.Protect. TEL. (978) 741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL lramdinL(Vsalem.com MAYOR LAItRY RAMDIN,RS/REHS,CIIO,CP-FS HEArn-3 AGENT March 1,2017 Steven Sass 84 Grove Street Auburndale, MA 02466 VIA CERTIFIED MAIL: 7013 3020 0002 1522 7047 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#1 permitted by occupant Jill Savage,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 mdm Elizabeth Gagakis Health gent Senior Sanitarian cc: Tenant lop CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET 4rH FLOOR ftblicHealth Prevent.Promote.Protect. TEL. (978) 741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL lramdin salem.com MAYOR L�1RRY R,1MI)LN,RS/RL:E-IS,C.I-:f.0,C;]?-F^S 1-11tiu TH AGf?N'f State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Jill Savage Owner: Steven Sass Phone number: 978 728-2752 Address: 390 Essex Street#1 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 .351 1. Vent in the bathroom did not appear to be in working order. Repair vent so it is in proper working order. Owner to correct this violation within 7 days. 7 days .500 2. There is a hole in the ceiling right inside the door. Repair hole so ceiling is intact and in good condition. Owner to correct this violation within 7 days. 7 days .500 3. Right front window in living room does not lock. Repair so window is able to be locked properly. Owner to correct this violation within 7 days. 7 days .500 4. Left front window in living room has a crack in the glass. Repair window so it is intact and in good condition free from cracked or broken glass. Owner to correct this violation within 7 days. 7 days 500 5. Right side window in living room does not lock. Repair so window is able to be locked properly. Owner to correct this violation within 7 days. 7 days .351 6. Switch at kitchen sink is missing a cover. Provide a cover for this switch. Owner to correct this violation within 7 days. 7 days .351 7. Outlet at fridge is missing a cover. Provide a cover for this outlet. Owner to correct this violation within 7 days. 24-48 hours .201 8. Tenant had complaint of insufficient heat.At the time of inspection, it was noted that there is not a thermostat in the unit and tenant states the heat does not reliably come on. Temperatures must be maintained at a minimum of 68 degrees F from 7:00am-11:00pm, and at a minimum of 64 degrees between 11:01 pm and 6:59am between September 15 and June 15 every year; adjustments or repairs if necessary must be made so that the heat is sufficient in this unit at all times between these dates. 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. I nC M.LUJITSM r.W A DRICr DUMMAnT Wr OUNIt Ve i Ht:LtVAL KEMtUIW 7 MAN r S MAT USt IN VKUtK 1 V Vial HVUSING ;ODE 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 K.- A. You can prove that your dwetiing unit or common areas contain code violations which are serious enough to endanger or mateMy impair your health or safety and that your landbi d 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 hest to put the rent money aside in a safe place.) . Repair and Deduct(General Laws Chapter 111 Section 127L) The law sometimes allow you Muse your rent money to make the repairs yourself. g your local code enforcement agency certifies that there are code violations which endanger or materially Impair your health,safety or wellbeing and your landk d.has received written notice of-the violations,you may be able to use this remedy. it the owner fails to begin necessary Fairs (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 iri any year to make the repairs. . Retaftory Rent In creases or Evictions Pmhu'bited(General Laws Chapter 186.Section 18 and Chapter 239 Section 2A). 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.-9 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 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'recelver"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 Habrtablity.- 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 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 . I 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 Sheet Peabody,MA 01960 Lawrence,MA 01840 (978)531-0767 (978)689-7833