Landlord Can't Discontinue Door-to-Door Garbage Collection

LVT Number: 8104

Facts: Landlord asked permission to modify building services. Landlord provided door-to-door garbage collection to tenants. Landlord wanted to change the service to provide two drop-off areas with garbage cans at the building. The DRA ruled that the proposed change in service wasn't an adequate substitute, and dismissed landlord's application. Landlord appealed, claiming that door-to-door garbage collection wasn't registered as a service in 1943.

Facts: Landlord asked permission to modify building services. Landlord provided door-to-door garbage collection to tenants. Landlord wanted to change the service to provide two drop-off areas with garbage cans at the building. The DRA ruled that the proposed change in service wasn't an adequate substitute, and dismissed landlord's application. Landlord appealed, claiming that door-to-door garbage collection wasn't registered as a service in 1943. Landlord also argued that the garbage collection was a minor condition, not a required service, that it was creating unsanitary conditions, and that it made recycling difficult. Rent-controlled tenants claimed that the prior owner had provided this service since 1943, and they wanted it to continue. DHCR: Landlord loses. Tenants had complained in the past that landlord had reduced services by discontinuing door-to-door garbage pickup. The DHCR had already ruled twice that door-to-door collection was a long-term service at the building and that the drop-off substitute was inadequate. So, landlord couldn't get this substitute service approved. But landlord was free to make other proposals that might provide better locations for the garbage receptacles.

Oratz: DHCR Adm. Rev. Dckt. No. EI 130231-RO (5/4/93) [5-page document]

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