Landlord Proves Sidewalk Cleaned Sufficiently

DOS issued a violation notice to landlord for having a dirty sidewalk. DOS inspector found a large accumulation of white and yellow papers scattered all over the sidewalk one morning between 8 a.m. and 9 a.m. Landlord claimed it kept the sidewalk clean. The ALJ ruled against landlord and fined him $300. Landlord appealed and won. Landlord's tenants had stated that on the night before the violation was issued, a local entity had distributed a large number of flyers on the block. Tenants also stated that they cleaned the area in front of the building at 9 a.m. every day, and more often, if needed. The property consisted of two two-family houses and one three-family house. Given the size of the buildings and tenants' statements, ECB believed landlord and revoked the fine.

Friedman: ECB App. No. 1000397 (7/22/10) [2-pg. doc.]