Landlord Left Wooden Bedframe Pieces Out for Collection Unbundled

The DOS issued a violation notice to landlord for leaving loose rubbish out for collection. The notice described five pieces of wood being left out for collection, without being securely bundled or tied, and likely to be scattered on the curb. At a hearing, landlord argued that the wood pieces, which came from a bedframe, would have been hard for sanitation workers to carry and lift if tied together. The ALJ ruled against landlord and fined him $50.

Landlord appealed and lost. Landlord argued that Code Section 16-120(d), requiring rubbish to be securely bundled, applied to newspapers, wrapping paper, or other light refuse or rubbish likely to be blown or scattered about. ECB disagreed and found that pieces also could be scattered about.

DSNY v. Rodriguez: ECB App. No. 2200554 (7/28/22)[2-pg. document]