Fine for Rat Harborage Conditions Revoked

DOHMH issued two violation notices to landlord for failing to keep its building free of pests and conditions conducive to pests. DOHMH's inspector found active signs of rats at the premises, including fresh droppings and burrows at the front of the building. A discarded mattress and TV on the side of the building also created harborage conditions. Landlord claimed that it had a pest management plan in place that included monthly pest control since February 2008, and submitted a confirming letter from its exterminator. Landlord said that the mattress and TV were placed at the building by unknown individuals outside the building and were there for less than a day. The ALJ ruled against landlord and fined it $600. Landlord appealed and won. ECB revoked the fine. It was well settled that a defense was established where landlord was already taking all required steps, including setting bait traps, eliminating rat burrows, and receiving regular inspections by an exterminator. 

E. 92nd Street Realty Associates: ECB App. No. 1700483 (7/6/17) [3-pg. doc.]