36 Japonica Street #2 Inspection 3-16-2017 UNI'MED'STATES� r. RVICE
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ECEIVE ' of Salem
Board of Health
APR 13 2017 120 Washington Street 4th Floor
Salem, MA 01970
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PS Form 3800,August 2006(Reverse)PSN 7530-02.000-9047
Is CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET 4"m FLOOR �Z1CHe..R��1
� Prevent.Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramdin@salem.com
LARRY RAbIDIN,RS/I2EI-IS,CIIO,CP-FS
MAYOR HEALTIi AGENT
March 30,2017
Paul and Christine Corey
36 Japonica Street
Salem, MA 01970
VIA CERTIFIED MAIL: 7012 1640 0002 3312 9823
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 36 Japonica Street#2 permitted by occupant George Dunlap, conducted by Jeffrey
Barosy,Sanitarian on March 16,2017 @ 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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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 Ramdin Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: Tenant
I
Is
CITY OF SALEM,- MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4TH FLOOR pPabliCHromot� Protect.
TEL. (978) 741-1800 FAX(978) 745-0343
KIMBERLEY DRISCOLL Iramdin@salem.com
MAYOR LARRY RAMDIN,RS/RFHS,CHO,CP-FS
HEALTI-I AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: George Dunlap Owner: Paul and Christine Corey
Phone number: 978 304-3929
Address: 36 Japonica Street#2 Address: 36 Japonica Street
Salem, MA 01970 Salem, MA 01970
Inspection Date: March 16, 2017 Time: 2:30pm
Conducted by: Jeffrey Barosy Accompanied By: Tenant
Specified Time Reo. #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 .503 1. Exterior stairs at front entry do not have handrails. Provide a handrail for the stairs.
Owner to correct this violation within 7 days.
7 days 503 2. Handrail at interior front entry stairs is missing balusters. Replace balusters so
handrail is intact and in good condition. Owner to correct this violation within 7
days.
7 days .351 3. Light fixture in front entry hallway is loose. Secure light fixture so it is intact and in
good condition. Owner to correct this violation within 7 days.
7 days .500 4. There is chipping paint on the right of the front entry doorjamb. Scrape and repaint
so paint is intact and in good condition. Owner to correct this violation within 7
days.
7 days .500 5. One kitchen cabinet over refrigerator has a loose door. Secure/repair so cabinet
doors are secured and in good condition. Owner to correct this violation within 7
days.
I
7 days .500 6. One kitchen cabinet below sink to the left has a loose hinge. Secure so cabinet
door is in good condition. Owner to correct this violation within 7 days.
24-48 hours .550 7. Mouse droppings were observed in a lower kitchen cabinet next to the sink. Owner
to hire services of a licensed exterminator to inspect and treat the property for
mice; treatments must continue until the problem is abated. Please forward copies
of invoices for service to the Board of Health for our records. Owner to correct this
violation within 24-48 hours.
7 days .500 8. There is a crack in the kitchen floor towards the back porch. Repair crack so floor is
intact and in good condition. Owner to correct this violation within 7 days.
7 days .351 9. There is a light fixture in the hallway to the back porch that does not work. Repair
light so it is in working order. Owner to correct this violation within 7 days.
7 days .351 10. There is an outlet on the kitchen wall near the back stairway missing a cover.
Provide a cover for this outlet. Owner to correct this violation within 7 days.
7 days .351 11. Left handle on bathroom sink is loose and leaks. Repair so sink and faucet is in
good condition and free from leaks. Owner to correct this violation within 7 days.
7 days .351 12. Bathtub and bathroom sink drain slowly. Investigate/repair if necessary so tub and
sink drain properly. Owner to correct this violation within 7 days. I
7 days .500 13. Right bedroom upstairs has a skylight with a broken handle. Repair handle so
window is in good condition and able to be opened and closed properly. Owner to
correct this violation within 7 days.
7 days .500 r 14. Left bedroom upstairs has chipping paint around the skylight. Scrape/repaint so
paint is intact and in good condition. Owner to correct this violation within 7 days.
7 days .351 15. There is a light fixture in stairway inside the unit that does not work. Repair so light
fixture is in working condition. Owner to correct this violation within 7 days.
7 days .351 16. Stairway to basement has a light fixture that does not work. Repair so light fixture
is in working condition. Owner to correct this violation within 7 days.
7 days .500 17. There is a hole in the wall behind the refrigerator. Repair so wall is intact and in
good condition. Owner to correct this violation within 7 days.
7 days .254 18. There is no light fixture in back stairway. Provide a light fixture for this stairway.
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 afec a sus derechos. Puede adquirir una traduccion de esta forma.
11
`1 HE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
ODE VIOLATIONS CORRECTED.
1. Rent Withholding(General Laws Chapter 239 Section 8A)
9 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 budding.
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.)
Repair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you tQuse your rent money to make the repairs yourself. 9 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 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.
. Retaliatory Rent Inaeases 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 maidng 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 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 127C4Q.
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 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.
-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 .
R 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. Northeast Housing Court
98 Main Street 2 Appleton Sheet
Peabody,MA 01960 Lawrence,MA 01840
(978)531-0767 (978)689-7833