Landlord Made Sufficient Effort to Keep Curb Area Clean

DOS issued a violation notice to landlord for failing to clean 18 inches into the street in front of her building. The DOB inspector saw paper wrappers and plastic bags scattered at curbside. Landlord claimed that she cleaned daily and hired a person who did additional cleaning. The building was located next to one school and a grocery store and was across the street from another school. There was a constant stream of litter from over 3,000 children who went in and out of the schools and the grocery store. The ALJ ruled against landlord and fined her $100 for not making reasonable efforts to clean the area. Landlord appealed and won. She stated that her employee cleaned between 7 a.m. and 8 a.m. daily and again in the evening between 5 and 6 p.m. Landlord herself swept and picked up during the day, including around and between parked cars at the curb. The fine was revoked. Landlord showed that she made reasonable efforts to clean in front of her two-family house.

Rabinowitz: ECB App. No. 0900558 (2/25/10) [2-pg. doc.]