Ticket for Trash - Who Pays?
I woke this morning to find four garabge bags on my sidewalk put there by an over zealous tenant 12 hours too early and was promptly handed a ticket for $300. They have been tenants for 2 yrs. Who should pay this in your experience?
I woke this morning to find four garabge bags on my sidewalk put there by an over zealous tenant 12 hours too early and was promptly handed a ticket for $300. They have been tenants for 2 yrs. Who should pay this in your experience?
crimonson. NY law makes the landlord absolutely liable when it becomes to properly handling the garbage.
If you are the super and you throw the brick- the landlord is liable. If you are merely a tenant-it depends- did the landlord have knowledge that you throw bricks and did nothing about it?
but the garbage thing is absolute.
You can of course collect it back from the tenant if the lease so provides…
and yes that makes it difficult for the landlord welcome to the NY world of impossible tasks for a landlord… garbage being just one of them.
While the tenant may have responsibility back to the landlord its still the landlords fine(which he can get reduced and sometimes even dismissed)
“*rob* – your postings in this thread is absolutely horrendous and useless.”
This thread?
I would talk to the tenant nicely and explain to them what happened. Hopefully, they will take responsibility. Get it reduced and maybe split the cost? It is best to be diplomatic in order to maintain a good relationship.
You guys are idiots if you think he should pay for it. If I throw a brick from inside my house, is it the landlords fault?
That was a personal action taken by the tenant. Unless he was instructed, employed or coerced, he is responsible for his own actions.
*rob* – your postings in this thread is absolutely horrendous and useless.
http://www.nyc.gov/html/dsny/downloads/pdf/rules/digest/digestprint.pdf
has all the info for most items the minimum fine is $100 and the maximum $300 but it can be more…
$300?! DSNY tickets cap out at 100 bucks as far as I know. You must have gotten three tickets. What’s the rest of the story?
The law(and the rules) allows the rubbish/recycling to put out the night before the pickup(after 5 pm the day before) so if the pickup is today it would be ok to put them out at 5pm on Monday.
The landlord is responsible for the fine and should dispute it. Most of these are reduced. It would be very unusual to be fined $300 the first time although they may be showing you the Maximum fine.
You can point out that it was put out by someone not authorized to do so and that you have explained the rules.
but as others pointed out that the tenant may be obligated to reimburse you. You can give the tenant the right to appeal on your behalf but you should be aware its you the landlord that is obligated to pay no matter what happens and sometimes a tenant fighting this is no good because you have to sign an authorization and a power of attorney(which I prefer not to do myself- I prefer to fight them myself when I get them and so far in 30 years I have paid ONE $25.00 fine)….
Check the lease – all the leases I’ve ever seen require tenants to comply with all city laws and regulations, sanitation regulations included. Any fine against the property is passed through to the tenant responsible.
That said, you should give the tenant the option of contesting the summons or paying the fine. If they choose to contest it, support them as much as you can. If they choose to pay it, that’s okay too.
If you pay the fine within 20 days it’s only $100 dollars for first offence. Pay it and talk to tenant about regs. No sense damaging a good relationship if there is one. Tenant may offer to pay(if so i wouldn’t raise his rent).
I add a rider to my leases that tenants are responsible for following NYC rubbish laws – I got a tkt once because recycling was in the normal trash.