Landlord Fined for Uncovered Trash Receptacles

DOS issued a violation notice to landlord for uncovered receptacles. The DOS inspector noted four cans uncovered, exposing household waste likely to be scattered about. Landlord claimed that the 30-unit building had a live-in super and that eight metal garbage cans abutted a fence in front of the building. These cans all had lids that were chained to the fence. Landlord stated that tenants brought their trash down to the cans and that when the cans became full, the super removed the trash and placed it in large black trash bags that were stored against the building until collection time. Landlord also testified that the super and his wife swept the sidewalk four times a day and checked to make sure the cans were covered at those times. Landlord suspected that pedestrians searching for bottles took the lids off the cans. The ALJ believed landlord, but still held him responsible and fined him $100. Landlord appealed and lost. Landlord's efforts to keep the cans covered were insufficient since the DOS inspector found them uncovered and landlord admitted that passersby opened the cans. Landlord must take additional steps, such as purchasing cans with tamper-resistant lids, having the super check more frequently, or storing garbage in tightly sealed plastic garbage bags.

455 East 92nd Realty Associates: ECB App. No. 1201241 (2/28/13) [2-pg. doc.]