Ignorance of Mattress Disposal Requirement No Excuse

February 7, 2012

LVT Number: #23883

DOS issued a violation notice to landlord for improper disposal of bedding. The DOS inspector found a mattress placed out for trash collection that wasn't in a securely sealed bag. Landlord said he didn't know about this requirement. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Effective Dec. 3, 2010, 16 RCNY 1-04.1 clearly requires any person disposing of bedding to enclose it in a securely sealed plastic bag. Failure to do so is a violation of Code Section 16-120.

DOS issued a violation notice to landlord for improper disposal of bedding. The DOS inspector found a mattress placed out for trash collection that wasn't in a securely sealed bag. Landlord said he didn't know about this requirement. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Effective Dec. 3, 2010, 16 RCNY 1-04.1 clearly requires any person disposing of bedding to enclose it in a securely sealed plastic bag. Failure to do so is a violation of Code Section 16-120. DOS wasn't required to send instructions to landlords on mattress disposal, and ignorance of the law is no excuse.

Wang: ECB App. No. 1100992 (12/15/11) [2-pg. doc.]

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