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CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET
HEALTH AGENT Tel:(978) 741-1800
Fax:(978) 740-9705
August 10, 2000
Scott Galber
9 Belleair Drive
Swampscott, MA 01907
Dear Mr. Galber :
In accordance with Chapter 111, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State
Sanitary Code, Chapter I: 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 10 Burnside Street_#2
occupied by Erin Stewart conducted Mark Tolman, Sanitarian on Tuesday,August 8, 2000 at 11130 11 13
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 Health Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report.
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 Salem District 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Order should be modified or withdrawn.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 or 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:
Yo;nne Scott Mark Tolman
Health Agent / Sanitarian
cc: Councillor R. Flynn, Inspector&Tenant
Certified Mail-#-Z-447-2771881
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<. , a SALEM HEALTH DEPARTMENT
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'. Salem,MA 01970
Slate Sanitary Code,Chapter;11:...105 OMR 410.000
Minimum Standatds'of Fitness`for Human Habitation
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Occupant: _j�r;n .t�e.r,tar-+ Phone: 978 -nova
Address: c4Apt A Floor. _a
Owner. _Sc # /H/A,,,- Address: 9 fie Air Or'ue
InspectionDate. Turie /;3o Ana
Conducted By. 10,jg , Imign Accompanied.BY:.. �nAAf
Anticipated Reinspection Date:
Specified Reg # Violation
time 410. . . .
BASED ON A"TENANT- COMPLAINT ANINSPECTION WAS CONDUCTED IN ACCORDANCE
WITH CHAPTER II OF STATE SANITARY CODE 105CMR 410.000. INSPECTOR
NOTED.
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One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupant (s)
......_...-_
Code Enforcement Inspector
Este es un documenlo legal importanle. Puede gue afecle sus derechos
Puede adouinfuna Iradurnon rip poi 6,,,.,,
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APPFIVDIX 11(14),
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 VT (Massachusetts 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 brew about the violations before you were behind in-
your rent_
B. You did not cause the violations and ihcy caa'fiu repaired while you continue to live in the building.
C. You are ed to pion of the rentiiito court if a judge orders you to a it.(For this,it is best to put the
1?fir pay�Y Po j g Y pay
rent money aside in a safe place.)
2. Repair and Drdu r(Massachusem 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 nue this remedy_If the owner WE to begin necessary repairs(or to enter into a written contract to have the�
made)witlam:ive days after notice or to complete tepairs within 14 days after notice,you can use up to four months'rent iman9
year to;make'tbe
repans= -----
3 Rctalianry Rent increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,.:.
section 2A):'The owner may not increase your rent orevict you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to 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 damages of he or she tries this.
4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-l): 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 Pea ices(Massachusetts General laws,Chapter 93A): Renting an apartmcm with code violations is a
violation of the consumer protection act and regulauons, for which von may we an owner
The information presented above is only a summary of the law. Before you decide to withhold your rem 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
Neighborhood legal Services
37 Friend St.
Lynn, MA 01902
(617) 599-7730
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CITY OF SALEM HEALTH DEPARTMENT
ryf Nine North Street
Salem, Massachusetts 01970 Page 2 of a
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