Landlord Can't Store Receptacles at Curb

Landlord received two violation notices from DOS for not storing trash receptacles. Landlord claimed, among other things, that the notices were defective because they didn't include the distance of the receptacles from the curb. The ALJ ruled against landlord and fined him $100. Landlord appealed, arguing that there was no safe place to store the receptacles within the building. ECB ruled against landlord. The law requires that the receptacles be stored in the building or behind the building unless there is no space. In that case, landlord can leave them in front of the building but they must be kept adjacent to the windows of the ground-floor tenants. Landlord's receptacles were left out by the curb.

Grossman: ECB App. Nos. 26506, 26507, 27474, 27475 (8/13/97) [7-page document]