Landlord Can't Depend on Ground-Floor Tenant to Clean

DOS issued a violation notice to landlord for having a dirty sidewalk. Landlord claimed that homeless people went through the ground-floor commercial tenant's garbage and created the condition. Landlord claimed that the commercial tenant was responsible for cleaning and that the store wasn't open yet on the morning the violation notice was issued. Landlord himself lived in Florida. The ALJ ruled against landlord and fined him $50. Landlord appealed. The ECB again ruled against landlord. Landlord's duty to clean in front of the building is separate from commercial tenant's. Landlord can't rely solely on commercial tenant, especially when tenant's store isn't open in the morning.

City of New York v. Garfine: ECB App. No. 20872 (1/18/95) [2-page document]