Landlord Failed to Keep Front Yard Free of Debris

The DOS issued a violation notice to landlord when its inspector found a large accumulation of scattered bags, paper, and wrappers in the front yard of landlord's two-family building, visible from the public sidewalk one morning between 8 a.m. and 9 a.m. Landlord objected, and claimed that he cleaned the front yard that morning, and did so twice a day. Landlord said that he cleaned at 6:30 a.m. before he went to work and then after work around 7:00 p.m. Landlord argued that it may have been windy that day, causing random garbage to be blown into the area. The ALJ ruled against landlord and fined him $100.

Landlord appealed and lost. Landlord was required by law to keep his front yard free from debris at all times. The ALJ gave credit to DOS testimony, rather than landlord's. And the amount of trash found indicated that more cleanings were needed than the two per day landlord claimed were performed. Landlord's claim of financial hardship also wasn't a defense to the violation.

DSNY v. Grullon: ECB App. No. 2000647 (7/16/20) [3-pg. doc.]