Landlord Made Reasonable Daily Cleaning Efforts in Front of Building

DOS issued a violation notice to landlord due to tissue and pieces of papers scattered within the 18-inch curb line in front of landlord’s building. Landlord claimed that he cleaned the curb area in front of the two-family home every day, seven days a week before he left home for work at 6 a.m., and again at 6 p.m. when he returned. The ALJ ruled against landlord and fined him $100 because landlord failed to specify cleaning times on the date of the offense. Landlord appealed and won. ECB found that the ALJ misconstrued landlord’s statement when he found that landlord failed to specify cleaning times on the date of the offense. Landlord’s statement showed that he made reasonable cleaning efforts on a regular, daily basis, including the date of the violation. 

Ferraro: ECB App. No. 1600252 (4/28/16) [1-pg. doc.]