Reasonable Efforts Made to Clean

DOS issued a violation notice to landlord for a dirty sidewalk. Landlord claimed that the sidewalk was cleaned three times a day and that it was being targeted by DOS. The ALJ ruled against landlord and fined it $50. Landlord appealed, claiming that the ALJ's ruling was arbitrary and inconsistent with another recent case in which the ALJ dismissed a similar violation notice to landlord. ECB ruled for landlord and revoked the fine. Landlord's cleaning schedule was sufficient to maintain the area in a clean condition, especially given the slight amount of debris noted and the dismissal of another violation notice issued to landlord during the same period.

Hillside Assocs.: ECB App. No. 26748 (8/13/97) [2-page document]