Pigeon Droppings

November 1, 1996

LVT Number: 11035

DOS issued a violation notice to landlord for a dirty sidewalk. There was a large accumulation of pigeon droppings in front of the building. Landlord claimed he swept once a day and that he wasn't responsible for droppings from the pigeon roost in the elevated subway over the sidewalk. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB again ruled against landlord. By law, landlord must keep the area free of ''garbage, refuse, rubbish, litter and other offensive material.'' Pigeon droppings qualify as material landlord must remove.

DOS issued a violation notice to landlord for a dirty sidewalk. There was a large accumulation of pigeon droppings in front of the building. Landlord claimed he swept once a day and that he wasn't responsible for droppings from the pigeon roost in the elevated subway over the sidewalk. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB again ruled against landlord. By law, landlord must keep the area free of ''garbage, refuse, rubbish, litter and other offensive material.'' Pigeon droppings qualify as material landlord must remove. And one sweeping per day wasn't sufficient to keep the area clean.

Geraci: ECB App. No. 21455 (5/29/96) [2-page document]

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