Landlord Fined by DOS for Trash Found in Sidewalk Tree Pit

The DOS issued a violation notice to landlord after its inspector found a large amount of accumulated papers and wrappers in and around a tree pit located in front of landlord's building. Landlord objected, but the ALJ fined landlord $100.

Landlord appealed and lost. Landlord claimed that he had looked at the area during that day and found no trash but didn't establish a reasonable-efforts defense to a dirty area charge by showing sufficient efforts to clean regularly. Landlord's once-daily inspection was insufficient. Landlord admitted he didn't inspect more often given concerns about COVID-19. Landlord is responsible for maintaining a clear area in and around sidewalk tree pits.

DSNY v. Zheng: ECB App. No. 2100480 (6/24/21) [2-pg. doc.]