Landlord Didn't Keep Sidewalk Area Clean

DOS issued a violation notice to landlord for having a dirty area in front of her building. The DOS inspector found a large accumulation of paper bags, paper, and shopping bags in the front yard of the building at 8:30 a.m. Landlord claimed that two tenants swept and cleaned daily as they entered and left the building, that a landscaper cleaned periodically, and that she cleaned up the area daily. Landlord claimed that the trash was thrown on the sidewalk by people coming and going from a deli, fast-food restaurant, and day care center on the block. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. Landlord didn't prove that she made reasonable efforts on a daily basis to keep the area in front of the building clean. Landlord didn't describe a regular, daily cleaning routine or specific efforts made on the day the violation was issued. Because landlord described the mixed-use area as having several sources of litter, landlord's efforts were inadequate.

Baker: ECB App. No. 1000271 (8/19/10) [3-pg. doc.]