Landlord Followed Directions of DOS Foreman

LVT Number: 17263

DOS issued a violation notice to landlord for leaving 20 bags of construction debris on the sidewalk. Landlord argued that he followed instructions from a DOS foreman and that the bags didn't block pedestrian traffic. The ALJ ruled against landlord and fined him $50. Landlord appealed and won. Placing the debris at the curb for collection, as directed by DOS, wasn't a violation of the law requiring landlord to keep the sidewalk clear.

DOS issued a violation notice to landlord for leaving 20 bags of construction debris on the sidewalk. Landlord argued that he followed instructions from a DOS foreman and that the bags didn't block pedestrian traffic. The ALJ ruled against landlord and fined him $50. Landlord appealed and won. Placing the debris at the curb for collection, as directed by DOS, wasn't a violation of the law requiring landlord to keep the sidewalk clear.

Ali: ECB App. No. 35371 (6/24/03) [3-pg. doc.]

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