Evicted Tenants Left Rubbish at Curb

LVT Number: 8407

The DOS issued a violation notice to landlord for having loose rubbish in front of her building. Landlord claimed that evicted tenants had left the rubbish by the curb the night before the notice was issued, right before they'd moved out of the building. The ALJ ruled that landlord was still responsible for tenants' acts and fined landlord $50. Landlord appealed, and the ECB ruled for landlord. Landlord is responsible for violations caused by tenants, but in this case the landlord-tenant relationship had already ended when tenants placed their rubbish out for collection.

The DOS issued a violation notice to landlord for having loose rubbish in front of her building. Landlord claimed that evicted tenants had left the rubbish by the curb the night before the notice was issued, right before they'd moved out of the building. The ALJ ruled that landlord was still responsible for tenants' acts and fined landlord $50. Landlord appealed, and the ECB ruled for landlord. Landlord is responsible for violations caused by tenants, but in this case the landlord-tenant relationship had already ended when tenants placed their rubbish out for collection.

City of New York v. Trachtenberg: ECB App. No. 13766 (3/31/93) [2-page document]

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