A New York City landlord is suing the Department of Sanitation (DSNY), arguing that the city’s requirement for buildings to use rigid trash receptacles with tight-fitting lids is unfeasible for smaller properties that lack adequate storage space. The lawsuit, filed by landlord Robert Moskowitz, centers on fines levied against three historic Tribeca buildings owned by his company, Only Properties.
Moskowitz’s attorney, Nicole Waknine, asserts that it is both “physically and legally impossible to comply” with the bin mandate for these properties. The buildings, described as small walk-ups with ground-floor commercial spaces and residences above, open directly onto the sidewalk. They do not possess yards or dedicated storage areas, making it impossible to house the bulky DSNY-approved bins without obstructing building entrances or fire code-compliant pathways.
According to the suit, the buildings have been fined for “failure to containerize” their trash, meaning they have used plastic bags instead of the mandated bins. Moskowitz has paid $150 in fines for three such violations. His attempts to contest the tickets were unsuccessful, prompting the current legal action.
Waknine stated that the goal of the lawsuit is to push the city to implement a waiver program for building owners who have made good-faith efforts to comply but genuinely cannot accommodate the bins. The current regulations, she argues, represent a “one size fits all” rule that fails to account for the practical realities of older, smaller buildings.
DSNY’s requirement for buildings to containerize trash, part of an initiative to combat rats, went into effect approximately two years ago. As of September 8, small buildings, defined as having one to nine residential units, face fines if they do not use specific official NYC bins. The lawsuit highlights the disproportionate burden placed on small buildings, which are forced to purchase bins and find storage space where none exists.
At one of the ticketed properties, 277 Church Street, the residential lobby is only 50 inches wide. The complaint states that storing two 45-gallon bins would consume 45.2 inches, leaving residents with just 5 inches of clearance to enter and exit the building. Furthermore, fire codes prohibit storing rubbish in lobbies, and there is insufficient space for alternative solutions like fenced-in storage areas near the building without obstructing doorways or pedestrian flow.
Another building mentioned in the suit, 31 Walker Street, houses the restaurant Añejo TriBeCa. Here, approved trash bins in the lobby would reduce clearance to 22 inches, or block a freight elevator if stored behind the stairwell. At 92 Reade Street, the commercial tenant is Heyday Skincare, and the lawsuit notes there is no space to erect a required fenced-in enclosure without impeding sidewalk access.
The City Council is reportedly considering legislation that would exempt certain small buildings unable to accommodate the bins. Councilmember Frank Morano, sponsoring the bill, has stated that “good government” is not achieved by fining businesses and landlords who lack space for the required containers.
DSNY spokesperson Joshua Goodman emphasized that using bins, rather than bags, contributes to cleaner streets and fewer rats. He noted that the three buildings in question have accumulated approximately 80 summonses since the rule’s implementation, which he characterized as “80 nights with an all-you-can-eat rat buffet.” Goodman also stated that DSNY has a process for buildings to apply for exemptions in rare public safety risk cases or for individuals with disabilities, and that the department has no record of the property owners seeking such assistance. Waknine countered that these exemption processes do not address the core issue of practical storage limitations between collection days.