Ignorance of Mattress Sealing Rule No Defense

DOS issued a violation notice to landlord for placing a mattress and box spring at curbside for collection without securing them in a sealed bag. Landlord claimed that tenant put the mattress out and that landlord didn't know about the sealing requirement. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Section 1-04.1 of the Rules of the City of New York requires that bedding placed out for disposal must be securely sealed in a plastic bag. Landlord claimed that he was never notified of this change in the law. But DOS wasn't required to make media announcements or provide landlord with personal notice. Ignorance of the rule was no excuse for noncompliance.

Elgendy: ECB App. No. 1101019 (1/26/11) [3-pg. doc.]