Landlord Proved It Didn't Place Shopping Bags at Curb

LVT Number: 8554

DOS issued a violation notice to landlord for using improper trash receptacles. The notice stated that there were two shopping bags by the curb in front of the building---open and exposing household rubbish. Landlord claimed that some unknown person had left the shopping bags near the garbage it had put out for collection. The ALJ ruled against landlord, finding that landlord hadn't submitted sufficient proof of its claim. Landlord was fined $50. Landlord appealed, and submitted a sworn statement from tenant supporting landlord's claim. ECB ruled for landlord and revoked the fine.

DOS issued a violation notice to landlord for using improper trash receptacles. The notice stated that there were two shopping bags by the curb in front of the building---open and exposing household rubbish. Landlord claimed that some unknown person had left the shopping bags near the garbage it had put out for collection. The ALJ ruled against landlord, finding that landlord hadn't submitted sufficient proof of its claim. Landlord was fined $50. Landlord appealed, and submitted a sworn statement from tenant supporting landlord's claim. ECB ruled for landlord and revoked the fine.

City of New York v. Stoliar R.E. Corp.: ECB App. No. 13584 (8/11/93) [1-page document]

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