Landlord Fined for Permitting Food Trash Spillover

The DOHMH issued a violation notice to landlord for failing to manage waste to prevent pests. The inspector found uncovered garbage containers with food spillage outside. This would attract rodents. Landlord argued that it cleaned the trash disposal twice a day and that tenants placed garbage outside in between cleanings. The ALJ ruled against landlord and fined it $300.

Landlord appealed and lost. Health Code Section 151.02(b) required that "all garbage and other waste . . . shall be deposited in tightly covered, watertight receptacles . . . resistant to rodents, insects or other pests." If tenants caused the violating condition, this wasn't a defense. Landlord was responsible for keeping the premises free of harborage conditions and for managing waste. Use of extermination services also wasn't a defense.

DOHMH v. 505 Lafayette LLC: ECB App. No. 1901803 (1/23/20) [2-pg. doc.]