Landlord Must Clean Excavation Hole

March 1, 1994

LVT Number: 8632

DOS issued a violation notice to landlord for a dirty sidewalk. The notice described an accumulation of trash in a tree pit area in front of the building. Landlord argued that there was no tree pit. He claimed that Brooklyn Union Gas had dug a hole in the sidewalk and never properly filled it in. The ALJ ruled that, either way, landlord was responsible for maintaining the area; landlord was fined $50. Landlord appealed. He submitted proof of his ongoing dispute with the gas company concerning the excavation hole. Landlord claimed it was hard to keep the area clean.

DOS issued a violation notice to landlord for a dirty sidewalk. The notice described an accumulation of trash in a tree pit area in front of the building. Landlord argued that there was no tree pit. He claimed that Brooklyn Union Gas had dug a hole in the sidewalk and never properly filled it in. The ALJ ruled that, either way, landlord was responsible for maintaining the area; landlord was fined $50. Landlord appealed. He submitted proof of his ongoing dispute with the gas company concerning the excavation hole. Landlord claimed it was hard to keep the area clean. It was a large hole, and the building was located in a busy pedestrian area. ECB ruled against landlord. Landlord only swept in front of the building once a day. Under any circumstances, this wasn't sufficient.

City of New York v. Lasner: ECB App. No. 16771 (9/22/93) [2-page document]

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