Landlord Must Keep Curbsides Clean Even on Holidays

LVT Number: #25437

DOS issued a violation notice to landlord based on garbage found in front of landlord’s building. Landlord argued that on the day in question it was a national holiday and the wind reached 35 miles per hour, blowing litter all around the neighborhood. Landlord claimed that the building super regularly cleaned the sidewalk and street in front of the building because of high pedestrian and car traffic.

DOS issued a violation notice to landlord based on garbage found in front of landlord’s building. Landlord argued that on the day in question it was a national holiday and the wind reached 35 miles per hour, blowing litter all around the neighborhood. Landlord claimed that the building super regularly cleaned the sidewalk and street in front of the building because of high pedestrian and car traffic. Landlord also pointed out that there were no DOS refuse containers near the building. The ALJ ruled against landlord and fined it $100. Landlord appealed and lost. Landlord didn’t present a specific cleaning schedule and therefore didn’t prove it made reasonable efforts to keep the area clean. It didn’t matter that it was a national holiday and the cause of the litter didn’t matter.

 
1825 RSD Inc.: ECB App. No. 1400057 (3/27/14) [1-pg. doc.]

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