Landlord Fined for Creating Conditions that Invited Rats

DOHMH issued a violation notice to landlord for failing to eliminate conditions conducive to pests. The DOHMH inspector found harborage conditions that encouraged the nesting of rats. There were plastic pools, old containers, numerous bicycles, bags and boxes, discarded refrigerator and stove, along with other items found in the rear and right side yard of the building. Landlord claimed that she had to move items out of the building due to water pipe damage and that DOS wouldn’t remove them. She also pointed out that there were no rats. The ALJ ruled against landlord and fined her $300.

Landlord appealed and lost. Landlord didn’t prove that the items in question couldn’t be removed during the 11 days they were outside before DOHMH issued the violation. Landlord also didn’t show why another company or persons couldn’t have helped remove the items if DOS wouldn’t. Also, the violation required only that conditions conducive to rat infestation be found. A finding of rats wasn’t needed.

Porrini: ECB App. No. 1601144 (12/15/16) [3-pg. doc.]