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In Salem MA. I was told by Health and Bldg. Dept. my

Customer Question
In Salem MA....

In Salem MA. I was told by Health and Bldg. Dept. my property lost its grandfather status right of appeal since not meeting the min. health code standards for a Legal occupancy. I cant find that law anywhere.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

MA

Lawyer's Assistant: Has anything been filed or reported?

A tenant complaints to health Dept about this 3rd fl. unit in 2005 and another again in March 2008 with emails saying they would not address the lack of heating system

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

?

Lawyer's Assistant: What confuses you?

The law

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 14 hours by:
10/1/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,186
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Here are the MA new standards from the Health Department on "minimum standards for habitation" which provide the bare minimum all houses that are occupied must have or else be condemned for health code violations, which are separate from building code violations.

Under their health and welfare of the citizens power, the state can indeed remove grandfather rights given by the ex post facto law general prohibition under the Constitution where there are compelling governmental interests to do so. Health of the citizens is a compelling governmental interest by the court and grounds to indeed order compliance with the minimal housing standards for occupancy without consideration of grandfather rights any further.

See the standards at https://www.sec.state.ma.us/cis/cissfsn/sfsnidx.htm

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