Landlord's Efforts to Clear Snow Were Insufficient

DOS issued a violation notice to landlord for leaving a snow condition on the sidewalk in front of his building with no attempt made to sand, salt, or shovel a path for pedestrians. Landlord claimed that he'd hired workers to clear the snow right after the snowstorm stopped. The ALJ ruled against landlord, since the violation was issued many days after the end of the storm and photos submitted by landlord showed only a narrow path shoveled but not the entire sidewalk. Landlord, who was fined $100, appealed and lost. Landlord's photos, resubmitted on appeal in enlarged format, showed only a very narrow shoveled path, which was inadequate for wheelchair or stroller access as required by DOS policy. Landlord's efforts to clear the sidewalk therefore were insufficient.

DOS v. Ganz: ECB App. No. 1800287 (5/17/18) [1-pg. doc.]