Landlord Not Responsible for Trash Left Out by Next-Door Tenants

DOS issued a violation notice to landlord for leaving a 50-gallon trash bag out for collection on a noncollection day. Landlord claimed that she didn’t put out this trash. The ALJ ruled against landlord and fined her $200. Landlord appealed and won. Landlord had filed numerous complaints with DOS, stating that tenants from the building next door were constantly leaving garbage bags out in front of her building. Landlord’s building super also signed a sworn statement that he also saw tenants from other buildings leaving trash in front of landlord’s building. Landlord sufficiently proved that she didn’t cause the violation. The fine was revoked.

Safonte: ECB App. No. 1000190 (5/27/10) [2-pg. doc.]