Door-to-Door Garbage Collection Discontinued

Rent-stabilized tenant complained of a reduction in building-wide services after floor-by-floor garbage collection was discontinued. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord pointed out that it owned tenant's apartment, but that the service was discontinued by the condominium building manager. Landlord argued that the modification of garbage collection service was de minimis, or minor. Landlord compared it to elimination of door-to-door mail drop-off service, which DHCR Fact Sheet No. 37 states is de minimis. Landlord also argued that centralized garbage collection relieved an unhealthy and unsanitary condition in the building hallways. But tenant was now required to bring his household garbage to a central location in the building basement. And prior DHCR and court decisions have ruled that the removal of door-to-door garbage pickup is removal of a required service. It also didn't matter that landlord didn't personally eliminate the required service.

Rosman & Associates: DHCR Adm. Rev. Docket No. ZL410005RO (12/21/12) [3-pg. doc.]