Landlord Responsible for Conditions that Drew Pests on Rat-Infested Block

DOHMH issued two violation notices to landlord for failing to keep the premises free of pests and conditions conducive to pests, and for failing to manage waste to prevent pests. The DOH inspector noted rat burrows in front of the building and uncovered garbage containers spilling over with exposed food and other waste. Landlord claimed that the neighborhood was rat-infested and that rats came from the basement of the building next door. Landlord showed pictures of a woman he claimed routinely rummaged through the garbage cans for recyclables, and said that rats gnawed holes in the plastic trash cans. Landlord had called 311 and various government agencies for help, to no avail. The ALJ ruled against landlord and fined him $600.

Landlord appealed and lost. Landlord failed to take adequate measures under Health Code Section 151.02(a) to keep the premises free of pests and conditions conducive to pests. Landlord claimed that he hired an exterminator to place bait stations around the property on a monthly basis, but there were still rat burrows in front of the building. Landlord also failed to properly manage the trash spillage in violation of Health Code Section 151.01(b). Landlord blamed scavengers and the rats for the trash conditions. Even if these conditions contributed to the problem, landlord was responsible for unsanitary conditions at the premises.

Foster: ECB App. No. 1500236 (4/30/15) [4-pg. doc.]