Ignorance of Mattress Sealing Rule No Excuse

LVT Number: #25320

DOS issued a violation notice to landlord for failing to securely seal a mattress in a plastic bag before placing it out for collection. Landlord claimed that he didn't know this rule and should have received a warning instead of a violation because it was his first offense. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. The mattress sealing rule became effective on Dec. 3, 2010. There was no legal requirement for DOS to send landlords instructions on mattress disposal. Lack of awareness of the rule was no defense. 

DOS issued a violation notice to landlord for failing to securely seal a mattress in a plastic bag before placing it out for collection. Landlord claimed that he didn't know this rule and should have received a warning instead of a violation because it was his first offense. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. The mattress sealing rule became effective on Dec. 3, 2010. There was no legal requirement for DOS to send landlords instructions on mattress disposal. Lack of awareness of the rule was no defense. 

Light: ECB App. No. 1301034 (12/5/13) [1-pg. doc.]

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