Landlord Properly Posted Recycling Signs

DOS issued a violation notice to landlord for not posting recycling signs in his building lobby. Landlord claimed he had posted recycling signs in the vestibule area near the stairs and submitted five photographs to support his claim. The ALJ ruled against landlord and fined him $25. Landlord appealed, submitting signed statements from two tenants and a frequent visitor to the building, who all stated that the recycling notices had been posted in the vestibule for some time before the DOS inspection date. ECB ruled for landlord and revoked the fine. Since there was no indoor storage area for recyclables in landlord's buildings, landlord was permitted by regulation to post the recycling sign either near the building entrance, near the mailboxes, or in any area routinely visited by building tenants. The rule didn't require that the sign be posted in the building lobby, as stated in the violation notice, and landlord showed that the sign was posted in a public area of the building routinely visited by all building tenants.

Carty: ECB App. No. 31124 (9/15/99) [3-pg. doc.]