Landlord Responsible for Condition Yielding Mosquitoes

DOHMH issued a violation notice to landlord after finding a large container next to his building that held standing water and organic material. DOHMH claimed that this condition was conducive to the breeding of mosquitoes. Landlord claimed that he wasn't responsible for the condition because he didn't live in the building and paid a tenant to be the building super. The ALJ ruled against landlord and fined him $600. Landlord appealed and lost. Landlord was a "person in control" of the building as defined by the Health Code.  Plus, on the date of the violation, tenant was ill and died a few days later.

Levine: ECB App. No. 1200867 (11/29/12) [2-pg. doc.]