Landlord Not Responsible for Improper Mattress Disposal

DOS issued a violation notice to landlord for improper disposal of bedding. The DOS inspector found a mattress in front of landlord's building that wasn't wrapped in a securely sealed bag. The ALJ didn't believe landlord's claim that the mattress was left out by a neighbor and that DOS incorrectly cited his address. Landlord, who was fined $100, appealed and won. Landlord again argued that DOS probably listed his building because the neighboring building's address wasn't clearly visible. The neighbor also submitted a notarized letter admitting that she had placed the mattress out for collection that day and also had received a violation notice. Landlord proved his claim, and the violation was revoked.

Rodriguez: ECB App. No. 1101017 (2/16/12) [3-pg. doc.]