DOS Incorrectly Issued Violation to Landlord of Mixed-Use Building

The DOS issued a violation notice to landlord for failure to clean 18 inches into the street in front of its building. The DOS inspector reported that there were ashtray contents, cups leaves, napkins, and other matted paper products along the curb of landlord's multiple dwelling during the routing hour of 8:00 to 8:59 a.m. Landlord's commercial storefront testified at a hearing that the building was mixed-use rather than a multiple dwelling. The ALJ fined landlord, who appealed and won. Under DOS enforcement policy, dirty sidewalk violations shouldn't be issued to the owner of a mixed-use premises during residential routing hours unless the ground-floor commercial space is vacant or no longer in regular operation. ECB dismissed the violation.

DSNY v. Sun Long Hing LLC: ECB App. No. 2200569 (6/30/22)[2-pg. document]