Landlord Fined $100 for Uncovered Trash Can

DOS issued a violation notice to landlord after its inspector found one plastic can uncovered, exposing household waste likely to spill on the sidewalk. Landlord argued that its porter cleaned the garbage can area three times a day, the garbage cans had attached lids, and a tenant may have left the lid improperly closed after placing garbage inside. The ALJ ruled against landlord and fined it $100.

Landlord appealed and lost. Admin. Code Section 16-120(a) requires landlords to provide and maintain trash receptacles with tight-fitting covers. Code Section 16-120(c) also requires that waste receptacles must be closed or covered at all times. It was no defense that a tenant may have left the trash can uncovered.

DSNY v. Manhattan Powell LP: ECB App. No. 2000146 (3/5/20) [1-pg. doc.]