Landlord Responsible for Unsanitary Conditions Caused by Tenant

The DOHMH issued a violation notice to landlord for failing to keep a premises free of pests and conditions conducive to pests, and failing to manage waste to prevent pests. The DOHMH inspector observed harborage conditions that encouraged nesting of rats in holes at the front of the building, exposed garbage with maggots outside the building, and a foul cat odor coming from the garbage area at the building. Landlord claimed that one of her tenants was responsible for the conditions. She said that the tenant vandalized the premises by throwing cat litter throughout the yard and that tenant had recently attacked landlord at the building when landlord tried to clean up. Landlord had obtained an order of protection and had started eviction proceedings. Landlord said the police told her not to return to the building until tenant was evicted. The ALJ ruled against landlord and fined her $1,600. Landlord appealed and lost. The conditions at the building created a nuisance. Despite the circumstances, landlord is still responsible for conditions caused by her tenant. 

Finn: ECB App. No. 1401125 (1/29/15) [3-pg. doc.]