Landlord Needn't Prove Tenants Didn't Put Recyclables with Regular Garbage

The DOS issued a violation notice to landlord for placing recyclables out for collection with household garbage. Landlord objected. He said he instructed tenants on separating recyclables, and provided clearly marked receptacles and precollection storage areas. The ALJ found this credible, but ruled against landlord and fined him $25. The ALJ said that landlord didn't prove that tenants didn't put the recyclables in with other garbage. Landlord appealed, claiming that passersby placed garbage on top of his receptacles after they were placed at curbside for collection. The ECB ruled for landlord. Once landlord proved that recyclables from its building were source separated and placed in proper receptacles for collection, landlord didn't have to prove that it wasn't its tenants who later put the recyclables in the regular garbage placed out for collection. So ALJ should have dismissed the violation.

Karadimas: ECB App. No. 34760 (5/25/04) [3-pg. doc.]