Garbage Can Covers Removed by Scavengers

LVT Number: 6813

The DOS issued a violation to landlord because there were three uncovered plastic trash cans in front of landlord's building at noontime one day. Landlord argued that tenants put their garbage in the garbage cans in front of the building and that scavengers uncovered the cans. Landlord claimed that the super checked the front of the building at least six times a day. The ALJ found that landlord's efforts to keep the cans covered were insufficient and fined landlord $25. The ALJ stated that landlord should buy garbage cans with locks to prevent this problem, and landlord appealed.

The DOS issued a violation to landlord because there were three uncovered plastic trash cans in front of landlord's building at noontime one day. Landlord argued that tenants put their garbage in the garbage cans in front of the building and that scavengers uncovered the cans. Landlord claimed that the super checked the front of the building at least six times a day. The ALJ found that landlord's efforts to keep the cans covered were insufficient and fined landlord $25. The ALJ stated that landlord should buy garbage cans with locks to prevent this problem, and landlord appealed. The ECB's appeals unit denied landlord's appeal. Landlord never directly stated that he had covers for the garbage cans on the day in question. But the ECB also noted that landlord isn't required to purchase garbage cans with locks.

[City of New York v. Grancaric: ECB App. No. 9782 (12/11/91)]. 2-page document.

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