Landlord Claims Garbage Caused by Bag Slasher

LVT Number: 8323

The DOS issued a violation notice to landlord for a dirty sidewalk. Landlord claimed the litter was caused by someone who'd slashed garbage bags left out for collection. The ALJ ruled against landlord and fined him $50. Landlord appealed, and the ECB again ruled against landlord. Landlord stated that he cleaned the sidewalk three times a week. This wasn't a reasonable effort to keep the sidewalk clean. Landlord admitted that the sidewalk was last cleaned two days before the violation notice was issued.

The DOS issued a violation notice to landlord for a dirty sidewalk. Landlord claimed the litter was caused by someone who'd slashed garbage bags left out for collection. The ALJ ruled against landlord and fined him $50. Landlord appealed, and the ECB again ruled against landlord. Landlord stated that he cleaned the sidewalk three times a week. This wasn't a reasonable effort to keep the sidewalk clean. Landlord admitted that the sidewalk was last cleaned two days before the violation notice was issued.

City of New York v. Iovenko: ECB App. No. 9587 (9/11/91) [2-page document]

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