Landlord Fined for Standing Water in Parking Lot

The DOHMH issued a violation notice to landlord after its inspector saw green standing water collected in puddles on the ground in the back yard of landlord's building complex. Landlord stated that the back yard was covered by a paved parking lot with a storm water culvert at the boundary with other property. Landlord argued that DEP was responsible for maintaining the culvert, which was where the puddles were located. The ALJ ruled against landlord and fined it $300.

Landlord appealed and lost. ECB ruled that it was no defense that DEP maintained a water course on landlord's property. Health Code Section 151.03(a) required "persons in control" of property to keep it free of accumulated standing water. The DOHMH inspector had found puddles with green algae on the ground and in a container that may have been left out by a tenant. Photographs showing the culvert didn't show any standing water there. And the water container could have bred mosquitoes.

DOHMH v. Gluck Management NY LLC: ECB App. 1901925 (3/5/20) [2-pg. doc.]