Garbage Compactor Chute Required in Building

Tenants complained of a reduction in building-wide services after landlord sealed the garbage deposit rooms on each floor of the building. The DRA ruled for tenants. Landlord appealed, claiming that service had been restored because it removed the nails from each of the garbage room doors on each floor so that tenants could deposit their garbage to be removed by the building super. The DHCR ruled against landlord. An inspection showed that, although compactor/garbage rooms were open on each floor, the compactor chutes were sealed on both the north and south sides of the building. Landlord claimed that compactor chutes weren't provided and weren't a required service. But the compactor chutes were in place in the building. And Section 24-117 of the City's Administrative Code requires an owner of a building with 42 or more apartments to install a compactor in the building. Landlord's building contained 66 apartments. So compactor chutes were a required service that landlord must maintain in the building.

DBPB Holding Corp.: DHCR Adm. Rev. Docket No. VD610033RO (10/12/07) [3-pg. doc.]