Landlord Not Responsible for Loose Trash

February 1, 2010

LVT Number: #22449

DOS issued a violation notice to landlord for placing loose rubbish out for collection. Landlord claimed that someone else left the trash in front of its building. The ALJ ruled against landlord and fined it $100. Landlord appealed and won. Landlord had testified that its building was two stories, with an office downstairs and an apartment upstairs. On one side was a house used by Montefiore Hospital as a food distribution facility. On the other side was a 25-unit apartment building with a pizza parlor, offices, and beauty salon on the ground floor.

DOS issued a violation notice to landlord for placing loose rubbish out for collection. Landlord claimed that someone else left the trash in front of its building. The ALJ ruled against landlord and fined it $100. Landlord appealed and won. Landlord had testified that its building was two stories, with an office downstairs and an apartment upstairs. On one side was a house used by Montefiore Hospital as a food distribution facility. On the other side was a 25-unit apartment building with a pizza parlor, offices, and beauty salon on the ground floor. ECB found that landlord’s description of its neighbors was sufficiently detailed and its explanation of why the trash had to come from one of the other buildings was believable. The fine was revoked.

ZLD Realty LLC: ECB App. No. 0900185 (10/29/09) [3-pg. doc.]

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