Landlord Not Responsible for Unsealed Box Spring

DOS issued a violation notice to landlord for placing a box spring out for collection without placing it in a securely sealed bag. Landlord argued that neither he nor his tenant put the box spring out. Landlord claimed he’d had problems with neighbors who dumped garbage in front of his building and in the nearby street. His tenant had moved the box spring from the street to the curb in front of the building after calling 311 and being advised to do so. The ALJ ruled against landlord and fined him $100, finding that once the box spring was put in front of landlord’s building, it became his responsibility. Landlord appealed and won. At the time the violation was issued, the box spring didn’t come from landlord’s building, and he had not yet placed it out for collection.

Adams: ECB App. No. 1200363 (7/26/12) [3-pg. doc.]