Landlord Fined for Rodent Droppings In Front of Building

DOHMH issued a violation notice to landlord based on active rat signs, specifically fresh droppings, found at the front of the building. Landlord claimed the violation was untimely served and asked the ALJ to dismiss the violation. While the agency's affidavit of service stated that the mailing date was May 28, 2021, the notice was postmarked June 14, 2021, leaving less than 30 days before the first hearing date. Landlord had called 311 after finding mouse droppings outside the building to find out if the city provided help to fix rodent problems. She didn't realize that this would generate an inspection and issuance of a summons. She now realized she had to address the problem on her own. She had since paid an exterminator for services.

The ALJ noted that landlord's testimony didn't establish a defense since she didn't show that measures were taken to keep the property rodent free prior to issuance of the summons and that correction after the summons was issued didn't excuse the violation. The ALJ fined landlord $300.

Landlord appealed and lost. DOHMH's documentation of mailing showed that the summons was served on May 28, 2021, more than 15 days before the hearing date. Under applicable rules, service of the violation notice therefore was timely. And since landlord didn't show there were prevention efforts prior to issuance of the violation, she was properly fined. 

DOHMH v. Harris: ECB App. No. 2101129 (11/18/21)[2-pg. document]