Tenant Put Out Recyclables on Wrong Day

March 31, 2011

LVT Number: #23318

DOS issued a violation notice to landlord after finding papers and a blue bag of glass items placed out for collection on the wrong day. Landlord argued that one of its tenants had placed the recyclables out by mistake. DOS had changed the recycle day from Saturday to Tuesday two months earlier but had not notified tenants. Landlord claimed that this was DOS's responsibility. The ALJ ruled against landlord and fined it $100. Landlord appealed and lost. Tenants' lack of notice wasn't a defense to the violation. And DOS had no legal obligation to notify tenants.

DOS issued a violation notice to landlord after finding papers and a blue bag of glass items placed out for collection on the wrong day. Landlord argued that one of its tenants had placed the recyclables out by mistake. DOS had changed the recycle day from Saturday to Tuesday two months earlier but had not notified tenants. Landlord claimed that this was DOS's responsibility. The ALJ ruled against landlord and fined it $100. Landlord appealed and lost. Tenants' lack of notice wasn't a defense to the violation. And DOS had no legal obligation to notify tenants. The violation occurred after the startup phase of the change, when the fine might have been waived.

859 Broadway LLC: ECB App. No. 1000916 (3/24/11) [2-pg. doc.]

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