Commercial Stores Also Responsible for Cleaning

LVT Number: 6814

The DOS issued a violation to landlord for not cleaning 18 inches into the street. Landlord argued that the super cleaned in front of the six-story apartment building twice a day. The commercial stores on the ground floor also cleaned at various times. The ALJ ruled that landlord's twice daily cleaning wasn't enough, and fined landlord $50. Landlord appealed. The ECB's appeals unit found that the cleaning efforts of the building's commercial tenants should also be considered to determine if reasonable efforts were being made to clean.

The DOS issued a violation to landlord for not cleaning 18 inches into the street. Landlord argued that the super cleaned in front of the six-story apartment building twice a day. The commercial stores on the ground floor also cleaned at various times. The ALJ ruled that landlord's twice daily cleaning wasn't enough, and fined landlord $50. Landlord appealed. The ECB's appeals unit found that the cleaning efforts of the building's commercial tenants should also be considered to determine if reasonable efforts were being made to clean. Taking all of this into account, landlord had made reasonable efforts to clean. The fine was revoked.

[City of New York v. Siler: ECB App. No. 9716 (9/11/91)]. 2-page document.

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