Landlord Took Sufficient Steps to Fight Rats on Neighboring Property

The DOHMH issued a violation notice to landlord for a Health Code violation based on rat infestation. At a hearing, landlord claimed that the building received monthly pest control service. There were rodent burrows and harborage in an adjacent community garden that landlord didn't own. Landlord had placed bait stations in the garbage area at its building to prevent rodents from coming over from the garden next door. Landlord's exterminator also stated that there was nowhere for rats to burrow on landlord's property. The ALJ said it was no defense that rats came from the next door garden, and fined landlord.

Landlord appealed and won. Landlord established a defense to Health Code Section 151.02(a) by showing that, prior to the violation date, it was taking adequate measures to prevent and control pests. Landlord showed that it performed monthly professional exterminating services, monthly inspections, set bait traps, and that there were no rat burrows. Contrary to the ALJ's finding, there was no requirement to show that monthly extermination services had been done for a year before the violation was issued.

DOHMH v. 71 Underhill LLC: ECB App. No. 2100394 (6/24/21) [2-pg. doc.]