Once-Daily Cleaning in Front of Building Insufficient

DOS issued a violation notice to landlord for failing to clean 18 inches into the street in front of his building. The DOS inspector testified at a hearing that he saw pieces of paper, wrappers, and ashtray contents scattered within the curbline. Landlord testified that he cleaned the sidewalk and yard in front of the two-family dwelling every day at 5 a.m. and that others, including DOB street sweepers, were the source of the debris. The ALJ ruled against landlord and fined him $100, finding that landlord failed to state he cleaned 18 inches into the street and that actions by others didn't relieve landlord from his duty to maintain the area. Landlord appealed and lost. Once-daily cleanings were insufficient to establish a defense to the violation, and landlord otherwise failed to show that he sufficiently cleaned the area in front of the building.

DSNY v. Crowder: ECB App. No. 1901756 (12/19/19) [2-pg. doc.]