Landlord Didn't Securely Bundle Shelving Placed Out for Trash Collection

The DOS issued a violation notice to landlord for leaving loose rubbish out for trash collection.  The DOS inspector reported that four shelves and drawers were left out for collection in front of landlord's one- to two-family dwelling, were not securely bundled or tied, and therefore were likely to be scattered on the sidewalk. In response, landlord claimed that the shelves and drawers in question were neatly piled and smaller ones were securely bundled with duct tape. The ALJ ruled for the DOS and fined landlord $50.

Landlord appealed and lost. Admin. Code Section 16-120(d) states that "newspapers, wrapping paper or other light refuse or rubbish which is likely to be blown or scattered about the streets shall be securely bundled, tied, or packed before being placed for collection." This provision wasn't limited to rubbish that was likely to be blown away by the wind.  It also applied to any rubbish that was likely to be "scattered about" by any means, including substantial pieces of wood. So the shelves should have been bundled even if they were long and heavy. 

DSNY v. Kadosh: ECB App. No. 2201222 (2/23/23)[2-pg. document]