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Posted by TenantNet on July 25, 1997 at 12:01:13:

In Reply to: Need legal advice on garbage pick-up responsibilities posted by Susan on July 24, 1997 at 15:52:35:

: Trash Night is no fun in my home. The homeless people in the area
rip apart your garbage looking for food. There is nothing we can do to
stop them. If the garbage bags are ripped the sanitation department
will not pick them up. We have no place provided in our building for
our garbage so if it doesn't get collected it must come back into the
apartment.

Check the Housing Maintenance Code (on the web site) and also
contact HPD, your local Community Board and your City Councilperson.
I believe the owner must (by law) provide trash cans or some other device
(such as a chute) for tenants to dispose of garbage. You might be
able to get a violation placed for his failing to provide trash
disposal facilities.

I refuse to keep week old garbage in my home...especially
during the hot summer months. If the garbage is left on the street -
you will get a fine. The sanitation department has said "if the tenant
properly places the garbage on the street it is no longer the tenants
responsibilty. The fine would then go to the landlord." I am positive
my landlord would not take responsibiltiy for this - especially if the
trash can be identified as one of the tenants.

Of course 90% of the trash from a building comes from tenants. That should
not relieve the owner of his obligation to provide cans. Even small
brownstones usually have cans in the front or rear, or in the basement
and the super would be responsible for placing it on the curb on
the designated day.

The fines are
high - $50, $100, and $250. Please Help - I cannot get a straight
answer from any office in this city and I have to pay my fine!!!

I'm not sure that you do -- it should go to the landlord based on
what you've said. But look into it.

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Comments:
: : Trash Night is no fun in my home.  The homeless people in the area 
: rip apart your garbage looking for food.  There is nothing we can do to 
: stop them.  If the garbage bags are ripped the sanitation department 
: will not pick them up.  We have no place provided in our building for 
: our garbage so if it doesn't get collected it must come back into the 
: apartment.  

: Check the Housing Maintenance Code (on the web site) and also
: contact HPD, your local Community Board and your City Councilperson.
: I believe the owner must (by law) provide trash cans or some other device
: (such as a chute) for tenants to dispose of garbage. You might be
: able to get a violation placed for his failing to provide trash
: disposal facilities.

: I refuse to keep week old garbage in my home...especially 
: during the hot summer months.  If the garbage is left on the street - 
: you will get a fine.  The sanitation department has said "if the tenant 
: properly places the garbage on the street it is no longer the tenants 
: responsibilty.  The fine would then go to the landlord."  I am positive 
: my landlord would not take responsibiltiy for this - especially if the 
: trash can be identified as one of the tenants.  

: Of course 90% of the trash from a building comes from tenants. That should
: not relieve the owner of his obligation to provide cans. Even small
: brownstones usually have cans in the front or rear, or in the basement
: and the super would be responsible for placing it on the curb on
: the designated day.

: The fines are 
: high - $50, $100, and $250.  Please Help - I cannot get a straight 
: answer from any office in this city and I have to pay my fine!!!

: I'm not sure that you do -- it should go to the landlord based on
: what you've said. But look into it.


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