Landlord Fined $100 for Uncovered Trash Cans

LVT Number: #31467

The DOS issued a violation notice to landlord after finding three uncovered trash cans exposing household waste likely to be scattered about. Landlord objected to the violation. He lived in the building and said he followed all trash disposal rules. Landlord believed that passersby had removed the trash can lids. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Code Section 16-120(a) required landlord to keep garbage in tightly covered containers. And Code Section 16-120(c) required waste receptacles to be covered or closed at all times.

The DOS issued a violation notice to landlord after finding three uncovered trash cans exposing household waste likely to be scattered about. Landlord objected to the violation. He lived in the building and said he followed all trash disposal rules. Landlord believed that passersby had removed the trash can lids. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Code Section 16-120(a) required landlord to keep garbage in tightly covered containers. And Code Section 16-120(c) required waste receptacles to be covered or closed at all times. Landlord didn't refute that the condition existed.

DSNY v. Bogojevich: ECB App. No. 2001402 (2/11/21) [2-pg. doc.]

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