Landlord Didn't Provide Adequate Substitute for Garbage Collection Service

Rent-controlled tenant complained that landlord had reduced essential services by ending door-to-door garbage removal in tenant's building after many years. In 2005, landlord placed garbage cans in a closet on the first floor of the building and directed tenants to deposit their garbage there. Landlord claimed that the change in service was required under New York City recycling laws. The DRA and DHCR ruled against tenant, finding that landlord provided an adequate substitute for the prior service. Tenant then filed an Article 78 petition in court, claiming that the DHCR's decision was arbitrary and unreasonable. The DHCR took the case back for reconsideration, and then ruled for tenant. In other cases, the courts and the DHCR have indicated that landlord's change in service didn't provide an adequate substitute. The DHCR had previously ruled that door-to-door garbage collection is an essential service for rent-controlled tenants. And New York City law requires tenants to separate recyclable materials in buildings where trash is collected door to door. So the change in service wasn't required under recycling laws.

Seelig: DHCR Adm. Rev. Docket No. UJ420012RP (9/21/07) [4-pg. doc.]