Tenants Claim Door-to-Door Garbage Collection Eliminated

LVT Number: 10882

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Rent-controlled tenants complained of a reduction in services because door-to-door garbage collection had been discontinued. The DRA ruled for tenants and reduced their monthly rents by $6. Landlord appealed, arguing that door-to-door garbage collection violated the city Housing Maintenance Code. Landlord also pointed out that it had provided substituted service for 10 years before tenants complained. The DHCR sent the case back for further processing.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Rent-controlled tenants complained of a reduction in services because door-to-door garbage collection had been discontinued. The DRA ruled for tenants and reduced their monthly rents by $6. Landlord appealed, arguing that door-to-door garbage collection violated the city Housing Maintenance Code. Landlord also pointed out that it had provided substituted service for 10 years before tenants complained. The DHCR sent the case back for further processing. The DRA hadn't considered what alternative trash collection method landlord was using and whether it constituted an adequate substitute. This was especially important in light of that fact that door-to-door collection might be a building violation.

Hiesiger: DHCR Admin. Rev. Dckt. No. HK430056RO (7/30/96) [3-page document]

Downloads

HK430056RO.pdf133.3 KB