HomeMy WebLinkAboutEmergency Condemnation and Order to Vacate - Orders Letters and Photos - 290 SUTTON STREET B 11/21/2023 � 7��•Ci,fil>��yc .
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North Andover Health Department
Community and Economic Development Division
EMERGENCY CONDEMNATION AND ORDER TO VACATE
Finding of Unfitness for Human habitation and
Determination of Immediate Danger
Date:November 21,2023
Nicole Edgecomb
290 Sutton Street,Unit B
North Andover,MA 01845
RE:290 Sutton Street,Unit B,North Andover,MA 01845
To Whom It May Concern:
In accordance with M.G.L.c.111,§§127A and 127B,105 CMR 400.000:State Sanitary Code,Chapter I: General
Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter II:Minimum Standards of
Fitness for Human Habitation,Health Agents for the North Andover Board of Health,on November 21,2023
conducted an inspection of a dwelling located at 290 Sutton Street,Unit B,North Andover,Massachusetts
01845.
Based on the results of that inspection,the Board of Health finds that the dwelling is unfit for human
habitation in accordance with 105 CMR 410.630. Pursuant to M.G.L. c. 127 B and 105 CMR 410.650,the Board
further finds that the conditions within the dwelling are such that the danger to the life or health of the
occupants of the subject dwelling is so immediate that no delay may be permitted in making this finding.
Conditions found within the dwelling,which give rise to the emergency finding of unfitness and
determination of immediate danger,includes:
105 CMR 410.180(A) Temperature in rear left bedroom measured 52.1°F. Temperature in living room(used as
a bedroom) measured at 55.37.Heat was not available due to lack of oil and non-
operational heating system.
105 CMR410. 160 Heating system observed as non-operational. Oil tank was determined to be
compromised and was emptied by fuel company during inspection on October 31,2023.
Temporary storage container for oil was observed empty on November 21,2023 and is
not refillable.
Based upon these findings any and all occupants are hereby ordered to vacate and the landlord/owner is
ordered to secure the subject dwelling within 48 hours of receipt of this order.
Page 1 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
If any person refuses to leave a dwelling or portion thereof,which was ordered condemned and vacated s/he
may be forcibly removed by the local board of health(MGL.c. 111, §127B),or by local police authorities at
request of the board of health.
Furthermore,anyone who fails to comply with any order of the board of health may be subject to fines ranging
from$10-$500. Each day's failure to comply with an order shall constitute a separate violation.
Once vacated this building may not be occupied and the placard removed without the written approval of the
board of health.
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;
Building Department;
Fire Department;
Community Support Services;
Board of Health;
Occupant;
File
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Page 2 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
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 II),
is the state regulation that sets these minimum standards.The Massachusetts Department of Public Health, Bureau of
Climate and 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 inform
your landlord first. If your landlord does not adequately address these concerns,you should then 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 and you made your complaint in writing(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.
WO
Your home was not inspected by the local health department 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.
1 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—revised November 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 and occupants 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 your
legal rights and responsibilities when your landlord does not fix violations of the Housing Code,visit:
masslegalhelp.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 of Habitability 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 or occupant;2
• 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; 2
• The landlord was issued an Order to Correct for those violations; and
• The owner did not start the repairs(or sign a contract for work)within 5 days after getting the Order to
Correct 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.
2 These are serious violations which include problems such as not having heat, hot water,electricity or gas,or exits that are blocked.
May 2023—revised November 2023
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rq Nicole Edgecomb
M 290 Sutton Street, Unit B
o North Andover, MA 01845
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