Ignorance of Mattress Wrapping Requirements No Defense

DOS issued a violation notice to landlord for failing to enclose a mattress in plastic before placing it out for collection. Landlord argued that he never received notice of this rule from DOS and had no intention of breaking the law. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Landlord's lack of knowledge was no defense to the violation. Section 1-04.1 of Title 16 of the Rules of the City of New York, effective Dec. 3, 2010, was promulgated by DOS in accordance with city rulemaking procedures. There was no requirement that DOS send instructions to landlord concerning mattress disposal.

Yoo: ECB App. No. 1201105 (1/31/13) [1-pg. doc.]