HomeMy WebLinkAbout- Orders Letters and Photos - 9 BREWSTER STREET 8/28/2023 North Andover Health Department
Community and E(onomic Development Division
NORTH ANDOVER BOARD OF HEALTH
ORDER TO CORRECT
Issued under the provisions of 105 Code of Massachusetts Regulations (CMR) 410.000:
Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II
Date: August 28,2023
To Owner:
Joyce Wong,Trustee
Joyce Wong 2014 Living Trust
3 Cottonwood Circle
Andover,MA 01810
RE: 9 Brewster Street,North Andover,MA 01845
Dear Owner:
The North Andover Health Department personnel conducted an authorized inspection
of your property at the above referenced address on August 25,2023 in response to a complaint
filed with this Department. The inspection revealed violations of the State Sanitary Code,
Chapter II as listed on the attached Violation Form.
You are hereby ORDERED to correct the violations within the time allotted on the
enclosed form. Failure to comply within the specified time period will result in a fine of up to
$500 per day' in accordance with 105 CMR 410.920 of the State Sanitary Code. The fine will
continue to accrue until the subject property is brought into compliance with this Order to
Correct. Each day or portion thereof during which the violations continue shall constitute a
separate offense.
You have the right to request a hearing before the Board of Health if you feel this Order
to Correct should be modified or withdrawn. A request for said hearing must be made in
writing and received by the Health Department within seven(7) days from receipt of this
Order. At said hearing you will be given an opportunity to be heard and to present witnesses
I Failure to comply with any order issuedpursuant to the provisions of 105 CMR 410.000 shall upon conviction be
fined not less than$10.00 nor more than$500. Each day's failure to comply with an order shall constitute a
separate violation(105 CMR 410.920).
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North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
and documentary evidence as to why this Order should be modified or withdrawn. All affected
parties will be informed of the date,time and place of the hearing and of their right to inspect
and copy all records concerning the matter to be heard. You may be represented by an
attorney. You have a right to inspect and obtain copies of all relevant records concerning the
matter to be heard. Conditions may exist which will allow the occupant of the residence to
exercise legal rights outlined in the Notice of Occupant's Legal Rights and Responsibilities issued by
the Department of Public Health Community Sanitation Program(CSP).
If the dwelling unit is vacant or becomes vacant before the violations are corrected,the
dwelling unit cannot be re-rented or re-occupied prior to compliance and prior to an inspection
by the North Andover Health Department in accordance with 105 CMR 410.660. Please call the
North Andover Health Department at(978) 688-9540 for a re-inspection. A re-inspection
performed by the North Andover Health Department is required.
If you have any questions,comments or concerns,please feel free to call me between the
hours of 8:00-4:30 on Monday,Wednesday and Thursday,8:00-6:00 on Tuesday and 8:00-12:00
on Friday.Any questions regarding this matter can be answered through the North Andover
Health Department.
This is an important legal document. It may affect your rights. You should have it translated.
Este es un documento legal importante. Es posible que afecte sus derechos. Deberia traducirlo.
Este a um documento legal importante. Ele pode afetar seus direitos.E aconselhavel traduzi-
lo.
Sincerely,
Shanene Pierce
North Andover Public Health Inspector
CC:
Brian LaGrasse,North Andover Director of Public Health;
Board of Health;
Occupant;
File
Sent via:
CERTIFIED MAIL#7020 0640 0000 6837 4827;and
First Class Mail
Page 2 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
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•
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North Andover Health Department
Community Development Division
NORTH ANDOVER BOARD OF HEALTH
VIOLATION FORM
Date: 8/25/2023 Time: 8:05 AM BOH Inspector: Shanene Pierce
Occupant: Niyatee Kher
Occupant Address: 9 Brewster St,North Andover, MA 01845
Owner: Joyce Wong, Trustee of Joyce Wong 2014 Living Trust
Owner Address: 3 Cottonwood Circle, Andover, MA 01810
Regulation Description Timeframe to
105 CMR Comply
410.500 Gap where the floor meets the door threshold in the front entrance. 30 days
Rodent droppings observed throughout dwelling unit, especially on
410.550 floor between refrigerator and wall, inside the kitchen cabinet, on 30 days
carpet in study room, and on the floors of both bedrooms near the
heatingfacilities.
There appears to be a hole in the floor underneath the dish machine.
410.500 This area may provide harborage or possible entry for rodents. 30 days
410.500 Gap between rear entry door and floor of dwelling unit. 30 days
410.570 Discolored insulation left on floor of basement. 30 days
410.550 Rodent droppings observed throughout basement common areas. 30 days
410.550 Rodent droppings observed in dishwasher access closet. 30 days
410.500 Gaps between boards in both the wall and ceiling of the dishwasher 30 days
access closet.
Page 1 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.8476
410.500 Gap between floor boards near where heating pipes enter in 30 days
basement(front).
410.500 Openings in some crevasses of the foundation walls that may allow 30 days
for the entry and harborage of rodents.
Multiple mouse traps and pest control bait boxes set up in throughout dwelling unit and in
Note: basement common area. Please submit detailed pest control reports for the last 6 months
to s ierce northandoverma. ov.
Violations noted meet the conditions of 105 CMR 410.630 (A) Condition Deemed to Endanger or
Materially Impair Health or Safety and a good faith effort must be made to correct within 24 hours of
service.
This inspection report is signed and certified under the pains and penalties of perjury.
t
Inspectors Si nature: Date: 8/28/2023
Page 2 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.8476
The Commonwealth of Massachusetts
Department of Public Health
Notice of Occupants' Legal Rights and Responsibilities
This document summarizes some of the legal options that you may have when the owner of a property you live in has
not fixed certain problems in your home,as required by the state Housing Code(105 CMR 410.000).This is not legal
advice.Talk to an attorney before you decide to withhold your rent or take other action described here.
Safe and Healthy Rental Housing:
Rental housing in Massachusetts must meet minimum standards to protect the health, safety, and well-being of occupants.
The Housing Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter ll),
is the state regulation that sets these minimum standards. The Massachusetts Department of Public Health, Bureau of
Environmental Health's Community Sanitation Program (CSP) issues this regulation, but the standards are enforced by local
health departments.1 CSP works with local health departments and the public to provide training and technical assistance
about the Housing Code. For more information, please see mass.gov/lists/housing-community-sanitation.
Your Responsibility to Keep Your House Safe and Healthy
The Housing Code also has requirements that people living in rented homes or apartments need to meet.There are some
problems like pests, mold,and keeping exits clear,that might need the owners and occupants to work together to fix the
problem. For example, occupants need to make sure there is no food or garbage left out that could attract pests or keep
their belongings out of exit hallways. If the local health department is doing an inspection, either by your request or for
another issue,the local health department may tell you there is something that you need to fix.The local health
department may issue you an order to correct and give you a certain amount of time to fix the problem.
Your Right to Safe and Healthy Housing and Protection from Retaliation
If you think that conditions in your home are unsafe or unsanitary and may violate the Housing Code,you should contact
your local health department.They will conduct free inspections of your home and will order your landlord to fix any
violations of the Housing Code.You can find contact information for your local health department by calling your city or
town hall or visiting their website. City/town websites are listed at: mass.gov/lists/massachusetts-city-and-town-websites.
Your landlord is not allowed to raise your rent or try to evict you just because you have made a complaint to them or to
the local health department about the violations.This is called retaliation, and you may be able to sue the landlord for
damages if this happens (M.G.L. c.186,s.18 and c.239,s.2A).
Your Right to a Hearing
You may ask for a hearing in front of your local Board of Health. You must do this in writing and within the timeframes
below. If you send a written request on time to the local health department, a hearing will be held within 14 calendar days.
If you do not make a written request within the timeframes below,you lose the right to a hearing.The chart below shows
the reasons you may request a hearing, and the timeframe you have to send the request.
Reason You May Request a Hearing Number of Days to Make the Request in Writing
Your home was not inspected 30 days from the day you contacted health department
The inspector did not find violations you think exist 30 days from the last inspection by the health department
The inspector did not issue an order to correct violations 30 days from the last inspection by the health department
The inspector did not enforce the order to correct 45 days from when the owner received the order to correct
Within five days after the hearing, the local health department is required to issue a final decision on your complaint (105
CMR 410.840). If you do not agree with the decision, or at any point throughout the process,you can file an appeal in
housing court.
'Depending on your city or town,this may also be called a Local Board of Health(BOH),Local Health Authority,or Inspectional Services Department.
This is the local code enforcement authority responsible for enforcing the regulations.
May 2023
Your Options if an Owner Does Not Fix the Problems
If your landlord does not fix violations of the Housing Code in your home,you may have some options as described below.
These are not your only options, but they are common actions that tenants take in these situations. Before taking legal
action, contact an attorney to protect yourself. If you cannot afford an attorney,you may be eligible for free legal aid
services. Go to masslrf.org to find available options for free legal advice.To find additional information on tenant legal
rights and responsibilities,visit: masslegaIhe]p.org/legal-tactics or madeuptocode.org.
Option 1:Go to Court
If your landlord does not fix the problems that the local health department ordered them to fix, or if you believe there
are problems in your home that may be in violation of the Housing Code,you may also ask a court in your area to order
your landlord to correct the problems.
To file a complaint, contact the Housing or District Court Clerk in your region.To find the closest Housing or District
Court go to mass.gov/orgs/housing-court/locations or mass.gov/orgs/district-court/locations.These courts deal with
cases about residential housing including eviction, property damage, and Housing Code enforcement. For help filing a
complaint,you can contact Court Service Centers at mass.gov/info-details/learn-about-court-service-centers.
You can request that the court order the landlord to:
Fix the Problem:You or the local health department may file a petition in Housing or District Court to order the
owner to fix the violations of the Housing Code (M.G.L. c. 111, s. 127 A,C).
and/or
Refund Rent You Have Paid:You can file a complaint requesting that your landlord pay back all or part of the rent
you paid during the time that.there were Housing Code violations. You can claim either 1) Breach of Warranty of
Habitability or 2) Unfair and Deceptive Practices (M.G.L. c. 93A), or both.
For both claims,you will need to prove that your home had Housing Code violations, and that the owner knew about the
violations and did not fix them. Breach of Warranty can also be filed by the local health department.
Option 2: Withhold Rent Until Repairs are Made
If your landlord does not correct certain housing code violations,you may be able to hold back some or all of your
rent payment until they make repairs(M.G.L. c. 239,s. 8A). Save the rent money you withhold.A judge may
require you to pay all or some of it back. If they do and you don't have this money,you may be evicted. If you
withhold rent and your landlord tries to evict you from your home,you will need to prove, at a minimum,that:
• The violations may endanger or materially impair the health, safety, or well-being of a tenant;z
• The rental property owner knew about the violations before you started withholding your rent; and
• You did not cause the violations.
Option 3: Make the Repairs Yourself
State law allows you to use your rent money to pay for certain repairs (M.G.L c. 111,s.127L), and not pay that
amount in rent to your landlord. You cannot withhold more than 4 months' rent in a 12-month period to pay for
repairs. If you withhold some or all your rent and use it to make repairs and your landlord tries to evict you from
your home,you will need to prove:
• The local health department or court determined that the violations may endanger or materially impair the
health, safety, or well-being of a residential tenant;z
• The landlord was issued an Order to Correct those violations; and
• The owner did not start the repairs (or to sign a contract for work) within 5 days after getting the Order
and did not complete repairs within 14 days after receiving the notice of violations.
Option 4: End your Lease Early and Move
If you meet certain conditions,you may be able to end your lease or rental agreement and move out within a
reasonable time. Contact an attorney to find out more about this option. If you cannot afford an attorney,you may
be eligible for free legal aid services. Go to masslrf.org to find available options for free legal advice.
z These are serious violations which include problems such as not having heat, hot water,electricity or gas, or exits that are blocked.
May 2023