Tenant's Physical Disability No Excuse

LVT Number: 10514

DOS issued a violation notice to landlord for loose rubbish, based on a large carpet and pieces of foam rubber found on the curb in front of landlord's building. Tenant claimed that he left the rubbish out and that he couldn't tie it up because his arm was in a cast. The ALJ ruled against landlord and fined her $50. Landlord appealed. ECB ruled against landlord. Landlord was responsible for tying up any garbage left outside the building. Her tenant's disability was no excuse.

DOS issued a violation notice to landlord for loose rubbish, based on a large carpet and pieces of foam rubber found on the curb in front of landlord's building. Tenant claimed that he left the rubbish out and that he couldn't tie it up because his arm was in a cast. The ALJ ruled against landlord and fined her $50. Landlord appealed. ECB ruled against landlord. Landlord was responsible for tying up any garbage left outside the building. Her tenant's disability was no excuse.

City of New York v. Kenez: ECB App. No. 21167 (10/25/95) [2-page document]

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