Landlord Didn't Prove Tenant Caused Violation

The DOS issued 25 violation notices to landlord for various sanitation violations. The violations included having a dirty sidewalk, not sweeping 18 inches out into the street, not storing garbage cans, and loose rubbish. Landlord claimed the superintendent swept twice a day. The building was vacant except for one tenant. Landlord claimed tenant caused the trash problems to harass landlord. The ALJ ruled against landlord and fined her $4,515. Landlord appealed. The ECB ruled against landlord. Sweeping twice a day isn't sufficient to show reasonable efforts to keep the area in front of the building clean. And landlord submitted no proof that tenant caused the problem. But, the ECB reduced landlord's fine to $1,100.

City of New York v. Koo: ECB App. Nos. 12876---12900 (1/13/93) [3-page document]