Landlord Fined for Placing Cardboard Box Out for Trash Collection

DOS issued a violation notice to landlord after its inspector found a cardboard box with a piece of Styrofoam inside placed out for collection in front of landlord's building. Landlord argued that his next-door neighbors had left items in front of his building despite his instructions to stop doing so. The ALJ ruled against landlord and fined him $100.

Landlord appealed and lost. A cardboard box is never a proper receptacle for items placed curbside for DOS collection. Landlord had submitted a photograph of a label with the neighbor's address on it. But this wasn't sufficient proof to excuse landlord. And since landlord had responded to the violation notice online, it couldn't now seek a hearing with the neighbors called as witnesses.

DSNY v. Paniagua: ECB App. No. 2000216 (3/5/20) [2-pg. doc.]