Landlord Used Wrong Containers

LVT Number: 8078

The DOS issued a violation notice to landlord for putting trash in improper receptacles. Landlord didn't get enough standard blue recycling containers from the DOS, so he used cardboard boxes to hold recyclable trash. The ALJ ruled that cardboard boxes weren't approved for any type of trash, and fined landlord $50. Landlord appealed, pointing out that recycling had just started in his area and that DOS pamphlets didn't bar the use of cardboard boxes if the DOS didn't provide enough containers. The ECB ruled against landlord.

The DOS issued a violation notice to landlord for putting trash in improper receptacles. Landlord didn't get enough standard blue recycling containers from the DOS, so he used cardboard boxes to hold recyclable trash. The ALJ ruled that cardboard boxes weren't approved for any type of trash, and fined landlord $50. Landlord appealed, pointing out that recycling had just started in his area and that DOS pamphlets didn't bar the use of cardboard boxes if the DOS didn't provide enough containers. The ECB ruled against landlord. DOS pamphlets stated that any supplemental containers must have lids. So, cardboard boxes couldn't be used. Also, landlord didn't label the boxes, which is also required.

City of New York v. Reichardt: ECB App. No. 11627 (2/24/93) [2-page document]

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