Landlord Responsible for Clearing Litter from Sidewalk

DOS issued a violation notice to landlord when an inspector found a large accumulation of pieces of paper and wrappers scattered in front of landlord's building at 8 a.m. one morning. Landlord argued that the MTA was working under the building for over two months, including the date of the violation. Landlord, who was 85 years old, cleaned up after the MTA daily, with his son's help when possible. The ALJ ruled against landlord and fined him $100, finding that landlord didn't show he made sufficient efforts to keep the area free and clear of litter. Landlord appealed and lost. Once-daily cleanings are insufficient to establish a reasonable-efforts defense. And, even if MTA work at the location was the source of the litter seen by the DOS inspector, the building owner remained responsible for keeping the sidewalk in front of his building free of debris.

Alhamyer Corp.: ECB App. No. 1900055 (4/4/19) [2-pg. doc.]