Landlord Fined for Dirty Sidewalk

DOS issued a violation notice to landlord for failing to keep the sidewalk in front of its building clean and free of debris. The DOS inspector noted a large accumulation of scattered bottles, cups, paper, tissues, and wrappers on the sidewalk around a tree pit between 8 a.m. and 9 a.m. on the date of inspection. Landlord claimed that the building was across from a high school and next to a deli, and therefore hard to keep clean. The live-in super swept six times daily on a regular schedule starting at 7:30 a.m. The ALJ ruled against landlord and fined it $100. Landlord appealed and lost. Landlord didn't state that on the violation date, the super had actually cleaned at 7:30 a.m. Landlord failed to show that it made sufficient efforts to keep the sidewalk clean.

550 Audubon Associates: ECB App. No. 1100560 (9/22/11) [3-pg. doc.]