Standing Water Couldn't Cause Mosquitoes in January

DOHMH issued a violation notice to landlord for failing to eliminate standing water, which created a condition conducive to mosquitoes at a construction site. Landlord's construction manager testified that the water was there for only a short time and that it was pumped out of the foundation on the same day that the violation was issued. The construction manager also pointed out that the violation was issued in January, at a time when mosquitoes wouldn't be present. The ALJ ruled against landlord since the area had accumulations of standing water at the time the violation was issued. Landlord appealed and won. At the time of the violation, there was no evidence of mosquitoes or the likelihood that the standing water presented conditions that would cause mosquito breeding or harborage at that time of year.

155 East 79th Street, LLC: ECB App. No. 1400257 (6/26/14) [3-pg. doc.]