Mattress Removed from Convertible Sofa

DOS issued a violation notice to landlord for improper disposal of bedding. The DOS inspector saw a mattress, not placed in a securely sealed bag, left out for collection. Landlord's grandson testified that on the night before collection he placed a convertible sofa out for collection, and that it was securely bound with tape and rope, with the mattress inside. He claimed that at some time during the night, someone ripped open the couch, removed the mattress, and placed it against a tree in front of the building. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. The Rules of the City of New York Section 1-04.1 required landlord to seal any mattress put out for collection in a plastic bag. It didn't matter that the mattress was inside a convertible sofa. It was still bedding, as defined by law.

Pitts: ECB App. No. 1200849 (11/29/12) [3-pg. doc.]