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10 BURNSIDE STREET - BUILDING JACKET 10 PJ('kl ns,'6Sfr c"d, uNo 153L6 HASTINGS, ON r vg�CONDIT O.(� , C g 9�J9 m 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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.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 JS/sjk c-h-violet y�i a <. , a SALEM HEALTH DEPARTMENT ' `, 9NorthSicaet '. Salem,MA 01970 Slate Sanitary Code,Chapter;11:...105 OMR 410.000 Minimum Standatds'of Fitness`for Human Habitation - i - . 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. EI 351 Soo A1, l- 11 oor N UA Q `` ,16 I i e✓ e f -- r ` q rum V 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,,,.,, z t , L LTT ct 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 r CITY OF SALEM HEALTH DEPARTMENT ryf Nine North Street Salem, Massachusetts 01970 Page 2 of a �ru Date: Name: 1-610 SleuJnri Address: /o Bu..,<,j& Sy Specified Time Reg.#410.. Violation(s) r �rN'cn N&O IaLo plac,ed wer bcaj eJer WA 3 fac rS dre.mik. 1e ikr 7 q4OVi%;61ee eSe ff ` 45e CO a Q: fIMC� rlrl :) neT oto 1 eN/ mv3> 6e E)4wmY %YtW by LKee„serY O /4 dw S 3S 11 e t<' ❑ v v' „ „�' ow Fw. nY S c bcr 'G leS T0� �V1 �N � '• c ! F� Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s)