Landlord Didn't Clear Snow After Storm Ended

LVT Number: #25471

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of its building. Landlord's super claimed that he cleared the sidewalk in front of the building at 4 p.m. on Dec. 17, 2013, before the snowfall had ended. DOS stated that the snowfall had ended at 7 p.m. on that date and the violation was issued on Dec. 20 at 9:30 a.m. The ALJ noted that clearing snow and ice was a continuing obligation and fined landlord $100. Landlord appealed and lost.

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of its building. Landlord's super claimed that he cleared the sidewalk in front of the building at 4 p.m. on Dec. 17, 2013, before the snowfall had ended. DOS stated that the snowfall had ended at 7 p.m. on that date and the violation was issued on Dec. 20 at 9:30 a.m. The ALJ noted that clearing snow and ice was a continuing obligation and fined landlord $100. Landlord appealed and lost. It was no defense that the super may have cleared the sidewalk three hours before the snowstorm ended. Landlord had a duty to remove whatever snow and ice was on the sidewalk after the storm ended.

2104 Hughes Ave. Corp.: ECB App. No. 1400081 (3/27/14) [3-pg. doc.]

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