Fine Revoked for Landlord Who Made Reasonable Efforts to Clean

DOS issued a violation notice to landlord for not keeping the area in front of her building clear of debris. DOS’s inspector cited papers, wrappers, a cup, bottles, and other debris. Landlord protested and testified that she cleaned every morning at 7:45 a.m. before she went to work and again on returning home after 6:00 p.m. She said she cleaned in front of the building on the morning of the violation, even though it was raining heavily. The ALJ ruled against landlord and fined her $100. Landlord appealed and won. Whether a landlord’s efforts to keep the sidewalk, abutting curb, and area around the building free from debris were reasonable depended on the type of building, the nature of the surrounding neighborhood, and the amount of pedestrian and auto traffic. Here, landlord’s twice-daily cleaning in front of a two-family house in a low-traffic area without a large accumulation of debris was reasonable, and the violation was dismissed.

Henriquez: ECB App. No. 1500876 (10/29/15) [1-pg. doc.]