Landlord Not Responsible for Source Separating Recyclables

DOS issued a violation notice to landlord for not separating recyclables from other trash before putting it out for collection. Landlord claimed that tenants put out the mixed trash. The ALJ ruled against landlord and fined it $25. Landlord appealed. Landlord didn't open the trash bags left for collection by tenants before placing them out on the sidewalk, and claimed that it didn't have to do so. ECB ruled for landlord. City law states that prior to collection, tenants are responsible for separating recyclables from other trash. Landlord doesn't have to do this. Landlord must only ensure that designated recyclables that tenants have separated are placed out for collection in the proper containers.

Barry Martin, Inc.: ECB App. No. 33903 (9/20/00) [3-pg. doc.]