Violation Issued When Super Off Duty

May 31, 1999

LVT Number: 13309

DOS issued a violation notice to landlord for placing household garbage out for collection in cardboard boxes, which were improper receptacles. Landlord claimed the building super came on duty at 7:30 a.m. and always properly disposed of the trash. The violation was issued at 7:00 a.m. The ALJ ruled against landlord and fined it $50. Landlord appealed, claiming that it shouldn't be held responsible for improperly boxed trash that was probably put out during the night by tenants before the super came on duty. ECB ruled against landlord.

DOS issued a violation notice to landlord for placing household garbage out for collection in cardboard boxes, which were improper receptacles. Landlord claimed the building super came on duty at 7:30 a.m. and always properly disposed of the trash. The violation was issued at 7:00 a.m. The ALJ ruled against landlord and fined it $50. Landlord appealed, claiming that it shouldn't be held responsible for improperly boxed trash that was probably put out during the night by tenants before the super came on duty. ECB ruled against landlord. Landlord is responsible for tenants' improper trash disposal. The fact that the super didn't start work until 7:30 a.m. is no defense.

Uptown Properties: ECB App. No. 30633 (12/16/98) [2-pg. doc.]

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