Landlord Fined for Failing to Exterminate for Rats

The DOHMH issued a violation notice to landlord for failing to keep the property around its building free of pests. The inspector found fresh rat droppings on the side of the building. Landlord objected, stating that it sealed holes around the vacant building soon after purchase. He also placed bait traps inside the building. The ALJ ruled against landlord and fined it $300. Landlord appealed and lost. Landlord denied that rat droppings were found but claimed it was impossible for it to prevent rats from running back and forth outside the building at night due to ongoing construction activity that it didn’t cause. This wasn’t a defense. Landlord needed to show that the building had been treated by an exterminator at least monthly for over a year prior to the date of the violation, in addition to consistent monitoring for conditions conducive to pest harborage. Landlord admitted it hadn’t hired an exterminator or placed rate poison in front of the building.

Andar Investors, LLC: ECB App. No. 1600569 (7/28/16) [3-pg. doc.]