Landlord Can't Replace Trash Cans with Compactor Chute

Landlord asked the DHCR for permission to change trash disposal and collection service by installing a compactor chute in the building. Tenants currently brought their trash to a designated area on each floor where several garbage cans were placed. The DRA ruled against landlord because, among other things, the chute installation would block a fire door and would block other tenants’ access to a fire escape. Landlord appealed, claiming that the compactor chute wouldn’t block access to emergency exits in the building. Landlord argued that DOB, not the DHCR, should rule on whether landlord’s plans were safe and legal.

The DHCR ruled against landlord. Landlord’s application included only a drawing that showed that windows would be removed from one apartment if the compactor chute was installed. Despite the DRA’s request for additional information, landlord also failed to show that the compactor wouldn’t affect the fire exit. And the DHCR had the authority to rule on whether the proposed alteration was consistent with the Rent Stabilization Law. Landlord could submit a new application, which should include architectural drawings showing the exact location of the compactor, fire door, and exterior staircase.

725 Riverside Drive: DHCR Adm. Rev. Docket No. VB430068RO (4/1/09) [4-pg. doc.]