Tenant Responsible for Improper Mattress Disposal

LVT Number: #25271

DOB issued a violation notice to landlord for placing a mattress at curbside for disposal without wrapping it in plastic. Tenant admitted that he had placed the mattress out, and the court granted his request to be substituted on the violation instead of landlord. Tenant was elderly and claimed that he didn't know plastic was required. Someone had helped him put the mattress out. The ALJ ruled against tenant and fined him $100. Tenant appealed and lost. ECB found that tenant's physical and financial limitations didn't excuse him from responsibility for the fine.

DOB issued a violation notice to landlord for placing a mattress at curbside for disposal without wrapping it in plastic. Tenant admitted that he had placed the mattress out, and the court granted his request to be substituted on the violation instead of landlord. Tenant was elderly and claimed that he didn't know plastic was required. Someone had helped him put the mattress out. The ALJ ruled against tenant and fined him $100. Tenant appealed and lost. ECB found that tenant's physical and financial limitations didn't excuse him from responsibility for the fine.

Mannan: ECB App. No. 1200965 (11/21/13) [1-pg. doc.]

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