Landlord Made Reasonable Efforts to Keep Sidewalk Clean

LVT Number: 11263

DOS issued a violation notice to landlord for a dirty sidewalk condition. Landlord and her managing agent both claimed that the sidewalk was swept at 9: a.m., 1:00 p.m., and 6:00 p.m. that day and that the sidewalk remained clean in between sweepings. Both landlord and managing agent lived in the building. Landlord claimed that the inspector must have seen the litter in front of the building next door which had no building number. The ALJ ruled against landlord and fined her $50. Landlord appealed. ECB ruled for landlord.

DOS issued a violation notice to landlord for a dirty sidewalk condition. Landlord and her managing agent both claimed that the sidewalk was swept at 9: a.m., 1:00 p.m., and 6:00 p.m. that day and that the sidewalk remained clean in between sweepings. Both landlord and managing agent lived in the building. Landlord claimed that the inspector must have seen the litter in front of the building next door which had no building number. The ALJ ruled against landlord and fined her $50. Landlord appealed. ECB ruled for landlord. The issue wasn't whether the sidewalk was clean at a particular time but whether landlord made reasonable efforts to keep it clean. Landlord's sweeping schedule showed reasonable efforts in a quiet, residential neighborhood to keep the sidewalk clean.

Winzelberg: ECB App. No. 22641 (8/14/96) [3-page document]

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