HomeMy WebLinkAbout- Miscellaneous - 54 SAUNDERS STREET 8/20/2019 ,- Town of North Andover
f�� a �6 •
Health Department
120 Maid Street
North Andover, MA 01845
Telephone (978) 983-8655 Fax (978) 983-8988
Brian J. LaGrasse, Director of Public Health
Complaint Form
Coinplaint Number: Date:
FLocation Of Complaint; �y� a .v�<��T;s `Ie.Yp ,rerty Owner: r
��i {�, 1 v na c Phone:
Name of Con
1plaintant: Phone:
cy"fin_
Address: �.�; ;.•.� � �.<<; >�
Cazzlplairzt: DCA ;c'.r {, �
UJ;.itn<'tti ��UV:i; S K fc5 •il_ !`n•,c_2..r� . C+��t Mr�� . 1;�, :
�f'il�:;. -c�i��S�'Jti��'1��'�_u41��.�]! �tar�.:y �ti��.�af f�G� irL{[vtiii:�S�Cz..,v;d�•�.���.1..
Date: .7 r r �_�}`t Report Attached: Yes Na
g
Findin s:
_
LIP
1�, I r� "r/-fi Jt�� .ty•-�(L:1!''�2/� 7}Y�7(b/i<��J"\ �%5-lliY(}�_
LIP Y![ t Y��-�.r-♦ .l�L\Ll}�, C{� vl1,tCQ ` . ^,I�C
�EJi✓, C7J?�i��\��C �•)rT�.K'-V_a5 r�(�S? -f�� �r Vb�Tl�/�._ ._._�..._
.� V'Ir`f �
n
(�
7��111nrj Cr ��. 'ca 1�0�2,p W ,r'G{ S f1. _
'Vn _
ti �� 11
i 3,-A,i alb i s q 1�9
ct S Q— t � YA,�t?G p
Inspectors Signature; i Date Inspected: Z Jr Lb o,
.r/ Z, r-, i Date Closed: � )z
1 {
Date: June 05, 2019
7
This is an e-permit.To learn more,scan this barcode or visit northandoverma.vi, vpointcloud.com/#/records/51310
TOWN OF N®17H ANDOVER
PERMIT FOR WIRING Lam.
This certifies that GABRIEL DIAZ
has permission to perform Change 2 Receptacles and sepa ite lighting from 2nd floor of 1st floor,
wiring in the buildings of
at 54 SAUNDERS STREET 54-56, North Andover, Mass.
Lic. No. 55560
r
COMMONWEALTH OF MASSACHUSETTS
NORTHEAST HOUSING COURT
KAT14LEEN BORRELLI,
Plaintiff,
_v.- NO: 19CV00099
ROBERT TURNER,
Defendant.
ORDER
This matter came before the court today on the plaintiff's motion for injunctive relief.
After the hearing at which both parties testified, the following orders will enter':
Rent amount. The building is a three-unit owner-occupied property located at 54 Saunders
Street in North Andover, Massachusetts. The ph,intiff has rented the three-bedroom apartment
Oil UIC, JG4Ul1U 11UU1 1lWit t11G UGAGilUCf114 1U1 L1ll1Ly 7vVLll J Vu1J. 111�' 11" L "11t
tenancy at will. As of December 2017, the monthly rent became $800, due in the first week of the
month. In April 2018 it increased to $1,000. Ms. Borrelli applied for a rental assistance program
for North Andover residents through Greater Lawrence Community Action Council. Mr. Turner
gave her a notice dated April 13, 2019 and titled "Annual Rent Increase Letter"notifying her that
the rent would increase from$1,000 to $1,500 effective July 1, 2019 (Exh 2). It does not
terminate her tenancy at the existing rental amount. It refers to a lease and addendums which she
does not have.' Ms. Borrelli asks that this propotied rent increase be rescinded because the
increase would eliminate any financial advantage she would receive from the rental assistance
program.
As discussed in open court, because this is a tenancy at will, the landlord may propose a
change in the terms of the tenancy, including the amount of the rent, by serving a written notice
which ends the existing tenancy and offers a new tenancy with different terms, including an
increased rent amount. Such a notice must be re(eived at least one rental period before the
'The statutory injunction fee was waived by the Clerk's Office pursuant to G.L. c. 261
§§27A-27G.
'Mr. Turner furnished an amended copy of the third floor tenant's lease because Ms.
Borrelli needed to show a rental agreement for her rental assistance application (Exh 1). It is not
signed by Ms. Borrelli. It contains a notation "Not valid without atterny [sic]". It is not a lease
for her apartment.
tenancy ends. The defendant's April 13, 2019 notice does not meet these criteria. When a valid
notice is received, the tenant has the option to accept the terms of the proposed new tenancy, i.e.,
pay the increased rent amount and a new tenancy is created. If the tenant chooses not to accept
the proposed new terms, she is required to continue to pay the original rent to which she agreed
($1,000 here). The landlord can choose to proceed with an eviction case based on the rental
period notice to quit, but not based on non-payment of the increased amount.
The court cannot order that Mr. Turner not seek a rent increase, but the parties should
follow the correct procedures for requesting and responding to a rent increase. Ms. Borrelli will
have to make the business decision based on her household's finances about whether to accept
the rent increase and whether to use her rental assistance in this apartment.
Bad conditions. Ms. Borrelli asked th the landlord be ordered to make repairs in the
apartment:f water stains in the ceilingXin the back bedroom and bath roo 1, efective walls in
bathrooi4. itchen and hallways; defective door frame in bathroon Aroken window sashes in
bat o 2', kitchen, main bedroom and livingr/onl(leak under kitchen sink4,tack-up in kitchen
IYYI S,
sink, four defective electric sockets (Exh 3, She submitted pictures of some of the violations
(Exli 4). The defendant testified that he has been sick, but that lie can now get the repairs
completed in thirty days.
Ild, s Va"
The court orders that the defendant bring the apartment into compliance with the
state Sanitary Code within thirty days of this Order by repairing the items listed
above and any other violations of the state 6ahitat,y 4-odu w the apai Lineal, aixd
common areas.
Cross-metering. Ms. Borrelli believes that the hallway�and basement lights are on her electric
meter. A socket in the third floor apartment was on her electric meter, although that problem was
corrected. The landlord must consult the state Sanitary Code and an electrician, if necessary,to
determine if there is any cross-metering of the electricity with Ms. Borrelli's meter.
The court orders that the defendant investigate to see if there is any cross-metering
of the electricity for the second floor apartment. If there is, he will have a licensed
electrician correct the problem within forty-five days of this Order.
Both parties are urged to consult an attorney about their respective rights and
responsibilities regarding this matter. The parties are reminded that the matter is scheduled for a
case management conference on June 6, 2019 at 9:00 a.m. in this court.
Fairlie A. Dalton, J.
April 25, 2019