Inadequate Lighting

The Department of Health issued six violation notices to SRO landlord for nuisance, including four violations for inadequate lighting in the building's public areas. Landlord claimed that these violations didn't rise to the level of nuisance. The ALJ ruled against landlord and fined it $600. Landlord appealed and lost. The inspector testified that there was only one lighting fixture in each hallway and that the hallway lighting was very dim. Although landlord's witness testified that the lighting was adequate, the ALJ properly disregarded this testimony as unreliable. The witness didn't state that he personally oversaw the lighting installation or replacement of bulbs and didn't state that he had personal knowledge from viewing the hallway lightbulbs. The inadequate lighting qualified as nuisance under applicable regulations.

Stebbins Mgmt. Ltd.: ECB App. No. 35342 (7/30/02) [4-pg. doc.]