No Fine Where Stray Animals Strewed Contents of Garbage Cans

The DOS issued a violation notice to landlord after its inspector found a large accumulation of scattered bottles, cans, cups, newspapers, other paper, plastic bags, a mattress, and an air conditioner frame in the front yard of landlord's two-family house behind a gate. Landlord argued that her uncle lived in the house and cleaned every day at 9 a.m. and again at 4 or 5 p.m. She said that stray animals knocked the garbage cans over and spilled the trash over the yard. The ALJ ruled against landlord and fined her $100.

Landlord appealed and won. At the telephone hearing, the ALJ misunderstood landlord and thought she testified that her garbage cans had been stolen and that this wasn't a valid defense. ECB otherwise believed landlord and revoked the fine.

DSNY v. Adimoolam: ECB App. 2100608 (7/22/21) [2-pg. doc.]