Landlord Fined $50 for Failing to Clean 18 Inches into the Street

The DOS issued a violation notice to landlord for failing to clean 18 inches into the street in front of her building. At a hearing, landlord argued that the violation was issued at 8:52 a.m. the day after Thanksgiving, and that the DOS inspector was either "overzealous" or reported falsely in his description of the debris. The violation notice stated that the inspector observed bottles, paper bags, pieces of paper, wrappers, masks, and cup lids all matted within the 18-inch curb line. Landlord said she didn't see this extent of debris later that morning in front of the building, and that she cleaned at least two or three times a week. The ALJ ruled against landlord and fined her $50.

Landlord appealed and lost. Admin. Code Section 16-118(2) requires property owners to maintain the area 18 inches into the street abutting the premises free of debris at all times, regardless of the source of the debris. There was no minimum amount of debris that must be observed before an inspector can issue a violation. And landlord didn't establish reasonable efforts to the charge.

DSNY v. Cummings: ECB App. No. 2200404 (6/30/22)[1-pg. document]