Landlord Made Reasonable Efforts to Clean

LVT Number: 11473

DOS issued a violation notice to landlord for not sweeping 18 inches from the curb. Landlord claimed that the building super swept three times a day, at 7:00 a.m., noon, and 4:00 p.m. and that landlord himself checked the building regularly. Landlord claimed that a taxi stand and funeral home on the block caused heavy traffic and were the source of the debris. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB revoked the fine. The ALJ mistakenly thought that the super was responsible for all of landlord's four buildings.

DOS issued a violation notice to landlord for not sweeping 18 inches from the curb. Landlord claimed that the building super swept three times a day, at 7:00 a.m., noon, and 4:00 p.m. and that landlord himself checked the building regularly. Landlord claimed that a taxi stand and funeral home on the block caused heavy traffic and were the source of the debris. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB revoked the fine. The ALJ mistakenly thought that the super was responsible for all of landlord's four buildings. But landlord believably testified that the super was responsible for only one building. Also, the type and small amount of debris found supported landlord's claim that two cleaning efforts were made earlier that day.

Bonechea: ECB App. No. 22696 (10/30/96) [2-page document]

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