Tenant Fined for Keeping Unvaccinated Dog and 21 Cats in Apartment

DOH issued three violation notices to tenant for harboring a dog and cats that weren’t immunized against rabies and for creating a nuisance. Tenant was a volunteer animal rescuer who kept one dog and 21 cats in her apartment. At a hearing, tenant admitted that the dog’s vaccination was out of date and that some of the cats weren’t vaccinated. But she had revaccinated the animals by the time of an ECB hearing. DOH’s inspector testified that strong, offensive, overpowering animal waste odors came from inside the apartment into the building’s hallway. Tenant denied this and presented letters from people who stated that the apartment was clean and odor free. The ALJ ruled against tenant and fined her $2,000 since the animals weren’t actively vaccinated on the inspection date.

Tenant appealed and won, in part. Tenant had admitted that the dog and some of the cats weren’t vaccinated at the time of inspection. No warning was required before issuing a violation for this. But the ALJ believed tenant’s testimony that she cleaned and disposed of animal waste daily. Tenant’s neighbor, visitors, and veterinarian all wrote that the apartment was clean. So ECB dismissed the nuisance violation and reduced the total fine to $1,000. [Download decision here.]

Rosen: ECB App. Nos. 1500676-1500678 (8/27/15) [4-pg. doc.]