Landlord Must Install Compactor After Incinerator Service Eliminated

Tenants complained of a reduction in services based on lack of garbage disposal service. The DRA ruled for tenants based on finding that the trash compactor room was nailed shut. Landlord appealed, and applied for rent restoration. Landlord pointed out that the building never had a trash compactor, so it wasn't a required service. Landlord also claimed that the condition was de minimis because tenants didn't complain for more than four years. The DHCR ruled against landlord in both cases. The fact that the DRA mistakenly referred to the incinerator doors as compactor room doors didn't matter. Landlord eliminated incinerator service in the 1970s based on environmental laws. But since the building had more than 41 units, landlord was required by New York City law to install a refuse compacting system. Landlord never installed a compactor. Also, since tenants were able to dispose of garbage on their apartment floors when landlord provided an incinerator, they were entitled to a compactor for the same level of trash disposal service. And since landlord was in violation of a law other than the Rent Stabilization Law and Code, the DHCR could not rule that this was a minor condition.

DBPB Holding Corp.: DHCR Adm. Rev. Docket Nos. UB610019RO & TH610046RO (2/16/07) [5-pg. doc.]