City Law Requires Trash Compactor in Landlord's Building

Tenants complained of a reduction in services based on the removal of the building's trash compactor. The DRA ruled for tenants and reduced their rents. Landlord later applied for a restoration of rents. Landlord submitted an affidavit from an engineer/architect stating that the trash compactor couldn't be installed due to a lack of space. The DHCR ruled against landlord. In 2005, the DRA had granted landlord's application to modify garbage collection service. But in March 2007, the DHCR sent landlord a notice of a proceeding to reconsider that decision based on New York City law, which required owners of buildings with 42 or more apartments to install trash compactors. Landlord didn't respond to the DHCR's notice and the DHCR revoked the 2005 order. The DRA then properly denied landlord's application to restore rents. Based on city law, the trash compactor can't be substituted.

Baradarian: DHCR Adm. Rev. Docket No. VG430051RO (3/14/08) [2-pg. doc.]