Tenants Responsible for Separating Recyclables

(Decision submitted by attorney Robert Susser, who represented the landlord.) DOS issued a violation notice to landlord for mixing recyclables with other trash in a black bag placed out for collection. Landlord asked the ALJ to dismiss the violation. Landlord claimed that it complied with all recycling laws and that, if there was a violation, it was caused by tenants who failed to comply with recycling rules. Landlord designated and maintained a storage area for precollection storage of recyclables, provided a sufficient number of clearly marked containers, posted recycling information in the lobby, and provided written instructions to tenants on what and how to recycle, at lease signing and again periodically. Landlord also gave tenants refrigerator magnets, brochures, bookmarks, and mouse pads with the city's recycling rules printed on them. These items were provided free of charge by the city.

The ALJ ruled for landlord and dismissed the case. Prior to collection, tenants, not landlords, are responsible for separating recyclables from other materials and for placing them in the proper containers. Landlord has the responsibility to ensure tenants have been properly informed of recycling requirements and to provide sufficient recycling containers. Landlord stated sufficient facts demonstrating that it had complied with the recycling rules.

Mansions Perry: ECB Violation No. 040277808N (5/5/09) [2-pg. doc.]