Mouse Droppings in Apartment Show Pest Harborage Violation

DOHMH issued a violation notice to landlord for failing to keep the premises free of pests and conditions conducive to pests. The issuing officer observed fresh mouse droppings in an apartment, on the kitchen window sill, inside the kitchen sink and cabinet, and on the floor along the baseboard in the living room. Landlord claimed that it didn't get notice of the complaint leading to placement of the violation. It had received two prior complaints from tenant regarding mice and had responded promptly. There were also no complaints noted on HPD's Web site. The ALJ ruled against landlord and fined it $300. Landlord appealed and lost. Lack of notice wasn't a defense to the charge. Landlord was responsible for keeping the premises free from rodents and any conditions that caused them. There was no proof that landlord regularly had the apartment exterminated or that tenant had refused access to address the condition.

471 Vanderbilt Ave. Assoc. LLC: ECB App. No. 1101220 (4/26/12) [3-pg. doc.]