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Home My WebLink About- Correspondence - 94 MAIN STREET 1 12/7/2022 � �ti.TLED 69 . 6 � A North Andover Health Department Community and Economic Development Division Date: December 7, 2022 RE: Ongoing housing issue resources Mr. Cloyd, Per your request, please find attached to this letter a hard copy of the email correspondence regarding Tenant Housing information and resources from the Massachusetts Department of Public Health. Also included is the,final page of 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation(State Sanitary Code, Chapter II). This page details a brief summary of legal remedies tenants may use to get Housing code violations corrected. Should you have any other questions,please do not hesitate to reach out to me at(978) 688 9540. I will reinspect the unit on Friday, December 9, 2022 per our prior arrangements. Sincerely, Steph Casey Jr. Health Inspector Town of North Andover CC: File 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.990: continued 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 Withholding(General Laws Chapter 239 Section 8A). If Code Violations Are Not Being Corrected you may be entitled to hold backyour rent payment. You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew an=bout 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 building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay for it. (for this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 111 Section 127L). This 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 use this remedy. If the owner fails to begin necessary repairs(or 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. 3. Retaliatory Rent Increases or Eviction 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 making a complaint to your local code enforcement agency about code violations. If the owner raises 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 damages if he or she tries this. 4. Rent Receivership(General Laws Chapter 111 Sections 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"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. Search 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 net meet minimum standards of habitability. 6. 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. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW,BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: (NAME) (TELEPHONE NUMBER) (ADDRESS) Please find below some links that may be of use in regards to you and Frank's inquiry about housing rights for tenants. https://www.mass.gov/guides/housing-court-resources Lawyer for a Day phone numbers Northeast Housing Court Lawyer of the Day • Lawrence/Lowell/Lynn(781) 254 1265 • Salem(978) 500 5790 https://www.mass.goy/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights - Attorney Generals Guide to Landlord and Tenant Rights (PDF) https://www.mass.gov/guides/tenants-guide-to-eviction- Information on Evictions for Tenants • Information regarding Terminating tenancy for both landlords and tenants, including Tenants with a lease and Tenants at will https://www.mass.gov/info-details/tenant-rights - Tenant Rights I hope this helps. 12/7/22, 10:44 AM Town of North Andover Mail-Links for Tenants housing information NORTH ANDOVER Massachusetts �,.. Stephen Casey<scasey@northandoverma.gov> Links for Tenants housing information 1 message Stephen Casey<scasey@northandoverma.gov> Thu,Aug 25,2022 at 1:04 PM To: kellyb2288@icloud.com Hi Kelly, Please find below some links that may be of use in regards to you and Frank's inquiry about housing rights for tenants. https://www.mass.gov/guides/housing-court-resources Lawyer for a Day phone numbers Northeast Housing Court Lawyer of the Day Lawrence/Lowell/Lynn(781)254 1265 Salem(978)500 5790 https://www.mass.gov/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights-Attorney Generals Guide to Landlord and Tenant Rights(PDF) https://www.mass.gov/guides/tenants-guide-to-eviction- Information on Evictions for Tenants Information regarding Terminating tenancy for both landlords and tenants, including Tenants with a lease and Tenants at will https://www.mass.gov/info-details/tenant-rights- Tenant Rights I hope this helps. Best, Stephen Casey Jr. Health Inspector Town of North Andover https://mail.google.com/mail/u/0/?ik=fb80a9478f&view=pt&search=al I&permth1d=thread-a%3Ar-1020368922178179534&simpI=msg-a%3Ar-19869073... 1/1 Remaining items 12/1/22 • Main door is not self-closing and locking • Light missing in front hallway Leak present in front hallway not repaired --►" .,��V. .J.S�e ,Jb Pry U• ($ISO • Staircase has noncontinuous railing and missing balusters cl.,..,V, IR.k� • Windows not able to be locked o Tenant rQgQU�d some were fixed—have not re-inspected to verify • Seal edges around hole in wall to be free of gaps/cracks • Missing outlet covers in kitchen area • Living room—evidence of roof leak remained at prior reinspection. Ceiling tiles showed evidence of water damage. �• 1� s� c3 8/24/22,7:49 AM Unofficial Property Record Card Unofficial Property Record Card - North Andover, MA General Property Data Parcel ID 029.0-0026-0000.0 Account Number M_230179_939310 Prior Parcel ID -- Property Owner TAESOO AHN Property Location 94 MAIN STREET Property Use APT 4-8 Mailing Address 7 SAGAMORE DRIVE Most Recent Sale Date 3/10/2017 Legal Reference 15011-276 City ANDOVER Grantor SHAHEEN Mailing State MA Zip 01810 Sale Price 576,000 ParcelZoning GB Land Area 0.216 acres Current Property Assessment Card 1 Value Building Value 512,800 Xtra Features 0 Land Value 231,100 Total Value 743,900 Value Building Description Building Style 4-8 UNIT Foundation Type BRK/STN Flooring Type HARDWOOD #of Living Units 5 Frame Type 1 Basement Floor N/A Year Built 1900 Roof Structure GABLE Heating Type FORCED H/A Building Grade AVERAGE+ Roof Cover ASPHALT Heating Fuel GAS Building Condition Average Siding ASBESTOS Air Conditioning 0% Finished Area(SF)3884 Interior Walls TYPICAL #of Bsmt Garages 0 Number Rooms 18 #of Bedrooms 8 #of Full Baths 6 #of 314 Baths 0 #of 1/2 Baths 0 #of Other Fixtures 0 Legal Description Narrative Description of Property This property contains 0.216 acres of land mainly classified as APT 4-8 with a(n)4-8 UNIT style building,built about 1900,having ASBESTOS exterior and ASPHALT roof cover,with 5 unit(s),18 room(s),8 bedroom(s),6 bath(s),0 half bath(s). Property Images 94 MAIN STREET - Disclaimer:This information is believed to be correct but is subject to change and is not warranteed. https://northandover.patriotproperties.ccm/RecordCard.asp 1/1 SVTTi,ED 164. , North Andover Health Department Community and Economic Development Division Health Department Complaint Form Complaint #: NA-5856-Reportlt Date: Aug 23, 2022 Location of Complaint: 94 MAIN STREET Type: Health Issues / Concerns Property Owner: Phone: Name of Complainant: Kelly Binette Phone: 978-305-8628 Address: 94 main st 1L Email: kellyb2288@icloud.com Complaint: We are concerned about the bathroom floor caving in, the upstairs bathroom leaking into our ceiling, the roof leaks when rains in our living room, animals in the ceiling, the windows and front door doesn't lock, the stair case, the leaking pipes in the basement leaves water stagnant sitting for weeks, lead paint in house. Our bathroom toilet just keeps running. Date: Report Attached: Yes No Findings: Inspection scheduled 8/24/22 at 2pm Inspector's Signature: Date Inspected: Date Closed: North Andover Town Hall, 120 Main Street, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.9542 Page 2 of 2 North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 North Andover Town Hall Health 120 Main Street Phone: (978)688-9540 North Andover, MA 01845 Fax:(978)688-9542 www.northandoverma.gov NORTH ANDO VER HEAL TH DI VISION COMPLAINT INTAKE FORM Nature of Complaint Case Number: ❑ Food Service ❑ Nuisance Time: 2pr� ❑ Pool ? Housing ❑ No Permit ❑ Septic Date: g/Zylt� ❑ Other Complainant: Location of Property Name: F rA^ 061�}WeJ �ln Name: Address: y MafA54,VAI Address: e7ti114.f, ' I' L4,4 I Email: r Contact Person: re ..1e(4 itV piss ; ",,.ram.D�i,.c� A-A'er M, Uj st o Telephone: 'T92-- T5.y Telephone: Anonymous: ❑ Owner: Descri tion• nn r✓111,(-Z4 ��, ��>I� (rAjGr Cn "` IL+-7 y� J /�,,/y�� n �93'/yiC'�f��` Cf411 1-6 ZeAu,LLJ � v�rl— ,Y'�•JL�'s (yNvl{y-�T.,.� `�.,r11�O�j 5„nA�Q(•�-�3 d„�l6 ��QLn OCr- L...O C'.f Iw,�„Atr �� „�C Cc,lr!►�ys7,. /i4 r, +6<�l,�W►--� f r�+rcr�.4C� bc-(l.�tc Zrs-v�s c/ cJ .../(m�k ,�Le.�elY✓► �'�x»k��t`��tse,-'fu(q,n��c i 1ss�S v 1,5Ljtj l`—ts r /�,�,ov,� �•�ll�w d1.e,l��ln��( �tdi�1-�,.s Inspector: Compla' an