Landlord Must Continue to Provide Garbage Incinerator

Landlord asked the DHCR for permission to modify required services. Landlord wanted to change the method of garbage disposal from incineration to having tenants walk the garbage down to an outside yard. Alternatively, landlord proposed to reopen garbage rooms on each floor so tenants could leave their trash there for pick up by the building super. The DRA ruled against landlord. Landlord appealed and lost. The building contained more than 42 apartments. So by law, landlord was required to continue to provide the garbage incinerator chutes. NYC Administrative Code Section 24-117 required landlord to maintain a refuse compacting system or refuse containerization system.

955 Walton Avenue: DHCR Adm. Rev. Docket No. VC610096RO (10/12/07) [2-pg. doc.]