Landlord Responsible for Litter Left by Loiterers

DOS issued a violation notice to landlord for not keeping the sidewalk in front of its building clean. The inspector found broken light bulbs, bottles, tin, paper, wood, and an open box full of loose garbage in front of the building. Landlord claimed that the block was hard to keep clean because there were homeless shelters on the block, and an overflowing city trash can and public telephones in front of the building. Landlord claimed that the building's commercial tenant and superintendent both swept in front of the building. The ALJ ruled against landlord and fined it $50. Landlord appealed. The ECB again ruled against landlord. Landlord gave no specific information about cleaning efforts made on the date the violation notice was issued. And landlord is responsible for litter on the sidewalk, even if it was left by loiterers.

City of New York v. Tenvil Realty Co.: ECB App. No. 9749 (5/26/93) [3-page document]