Landlord Didn't Make Reasonable Efforts to Keep Curbline Clean

DOS issued a violation notice to landlord for failing to clean 18 inches into the street in front of his building. DOB's inspector noted that she observed bottles, napkins, paper bags, food containers, and juice boxes accumulated and matted within the curbline at 8 a.m. on a January morning. Landlord argued that the building was a three-family house on a street with heavy pedestrian traffic and that his wife cleaned as needed whenever she saw debris. Landlord claimed that his neighbors were responsible for the condition. The ALJ ruled against landlord and fined him $100.

Landlord appealed and lost. Landlord again claimed that her neighbors had broken, uncovered garbage bins. She submitted letters from other neighbors and a tenant who supported this claim. But landlord didn't submit this evidence to the ALJ and ECB wouldn't consider it for the first time on appeal. To defeat the violation, landlord had to show that he made reasonable efforts on a regular daily basis to clean the area. The efforts required varied from case to case, depending on the type of building, the nature of the surrounding neighborhood, and the amount of pedestrian and vehicular traffic. In this case, landlord failed to show he made reasonable efforts to keep the busy area clean. Cleaning "as needed" was insufficient, and landlord was responsible for cleaning in front of his building no matter what the source of the litter was.

Wallfisch: ECB App. No. 1300225 (5/30/13) [3-pg. doc.]