Observance of Religious Holiday No Excuse

LVT Number: 8324

The DOS issued a violation notice to landlord for not cleaning 18 inches out into the street. Landlord claimed its managing agent usually swept daily but didn't do so on the day in question because it was a religious holiday. The ALJ fined landlord $50, and landlord appealed. The ECB again ruled against landlord. Even if the person who usually swept in front of the building was observing a religious holiday, corporate landlord still had a responsibility to keep the front of the building clean on that day.

The DOS issued a violation notice to landlord for not cleaning 18 inches out into the street. Landlord claimed its managing agent usually swept daily but didn't do so on the day in question because it was a religious holiday. The ALJ fined landlord $50, and landlord appealed. The ECB again ruled against landlord. Even if the person who usually swept in front of the building was observing a religious holiday, corporate landlord still had a responsibility to keep the front of the building clean on that day. Landlord claimed that another person was supposed to do the sweeping that day, but no proof was submitted that anyone actually swept that day.

City of New York v. 315 Church St. Realty Corp.: ECB App. No. 12626 (1/13/93) [2-page document]

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