Mattress Discarded Without Proper Sealing

December 1, 2011

LVT Number: #23759

DOS issued a violation notice to landlord for failing to properly dispose of a mattress, in violation of Section 1-04.1 of Title 16 of the RCNY. Landlord claimed that neither he nor his tenants placed a mattress out for disposal. But the DOS inspector saw a mattress that was not placed in a securely sealed bag in front of the building. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Landlord claimed that someone from the building next door must have put the mattress in front of his building because that building had only a small garbage collection area.

DOS issued a violation notice to landlord for failing to properly dispose of a mattress, in violation of Section 1-04.1 of Title 16 of the RCNY. Landlord claimed that neither he nor his tenants placed a mattress out for disposal. But the DOS inspector saw a mattress that was not placed in a securely sealed bag in front of the building. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Landlord claimed that someone from the building next door must have put the mattress in front of his building because that building had only a small garbage collection area. But there was no corroborating proof.

Fan Trustee: ECB App. No. 1100976 (11/17/11) [2-pg. doc.]

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