Disabled Landlord Must Keep Sidewalk Clean

May 31, 2005

LVT Number: 18154

The DOS issued a violation notice to landlord for having a dirty sidewalk in front of her building. Landlord claimed that she was unable to personally clean the sidewalk, based on her physical disability, and that based on her disability and financial hardship, she makes reasonable efforts to clean. Landlord said she had the sidewalk cleaned two to three times per week. The ALJ ruled against landlord and fined her $50. Landlord appealed. The ECB ruled against landlord. By law, landlord must keep the front of the building free of debris at all times.

The DOS issued a violation notice to landlord for having a dirty sidewalk in front of her building. Landlord claimed that she was unable to personally clean the sidewalk, based on her physical disability, and that based on her disability and financial hardship, she makes reasonable efforts to clean. Landlord said she had the sidewalk cleaned two to three times per week. The ALJ ruled against landlord and fined her $50. Landlord appealed. The ECB ruled against landlord. By law, landlord must keep the front of the building free of debris at all times. It didn't matter that landlord was a 75-year-old amputee living on Social Security.

May: ECB App. No. 36179 (5/25/04) [3-pg. doc.]

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