Recycling Signs Properly Posted on First Floor Landing

The DOS issued a violation notice to landlord for not posting notice of recycling regulations. Landlord argued that it posted two notices on the first floor of the building at a location that all tenants passed by on their way in and out. The ALJ ruled against landlord and fined it $25. The ALJ said that the recycling notice must be posted near the building entrance or mailboxes. Landlord appealed and won. The city regulation governing recycling notices says that they must be posted near the building entrance, or mailbox area, or in some other public area in the building routinely visited by tenants. Landlord's notices were properly posted in accordance with the rules.

Suhad Corp.: ECB App. No. 36105 (3/30/04) [3-pg. doc.]