Commercial Tenant Responsible for Sanitation Violation

DOS issued a violation notice to landlord for having a dirty sidewalk. The DOS inspector saw loose papers, tissues, candy wrappers, cardboard, and other litter scattered about the sidewalk in front of landlord's building. Landlord pointed out that the building had a commercial tenant on the first floor and residential tenant on the second floor. Landlord said that the commercial tenant was responsible for keeping the sidewalk clean. The ALJ ruled against landlord and fined it $100. Landlord appealed and won. The building was located in a commercial district. It is DOS enforcement policy that a commercial tenant, not the owner of a mixed-use building, is responsible for dirty sidewalk or curb area violations when the building is located in a predominantly commercial area and the commercial space is in regular operation.

GT & JT Construction Corp.: ECB App. No. 0900181 (10/29/09) [3-pg. doc.]