DOS Violation for Unsealed Mattress Dismissed

(Decision submitted by Tony Subraj, Sr. Vice President of Zara Realty, for the owner.)

The DOS issued a violation notice to landlord on Nov. 5, 2020, stating that at 3:20 a.m. that day its inspector observed a box spring out for collection that wasn't placed in a securely sealed bag. Landlord asked OATH to dismiss the violation since it had no owner's name listed. In addition, the building super stated that he placed the mattress in a sealed plastic bag on Nov. 4 per DOS regulations and left it out for Nov. 5 pick up by DOS. Landlord also submitted several photos taken in the early hours of Nov. 5 showing, first, a passerby handling the mattress and, later, two DOS workers touching the mattress and letting it fall to the ground. They then left the mattress there. The ALJ dismissed the violation, giving credit to landlord's defense. The ALJ noted that the violation didn't require a person's name on the summons to be valid.

NYC DOS v. Kings Park 8809 LLC: OATH Summons No. 0212609861 (1/4/21) [3-pg. doc.]