Landlord Not Responsible for Unlocked Refrigerator Left on Sidewalk

The Health Department issued a violation notice to landlord because an unlocked refrigerator with doors intact was left on the sidewalk in front of landlord's building. Landlord argued that he wasn't responsible for leaving the refrigerator out, but the ALJ fined him $100. Landlord appealed and won. A new tenant from out of town had moved into the building the night before and discarded an old refrigerator. Landlord didn't live in the building and so hadn't seen this happen. Within an hour of receiving the violation notice, tenant notified landlord about the violation, and removed the doors. The ECB found that under the circumstances landlord wasn't responsible for the violation.

City of New York v. Khan: ECB App. No. 21157 (1/18/95) [2-page document]