Can Your Landlord Charge for Trash and Recycling in NY?

If you rent an apartment in New York, you may wonder: Can your landlord charge extra for trash and recycling collection? Understanding your rights under New York law is essential for reviewing your lease, evaluating utility bills, and addressing unexpected charges. Below, this guide breaks down what the law says, who is responsible for waste services, and how renters can address disputes.

Who Is Responsible for Trash and Recycling in New York Rentals?

In most New York State rental situations, the responsibility for trash and recycling services depends on both:

• The type of property (e.g., single-family, multi-unit building)
• What is stated in your lease agreement

Generally, for most apartment buildings, landlords are required to provide "essential services," including waste removal. In many cities and towns, the municipality covers trash and recycling and landlords must arrange for their pickup and ensure compliance with local laws.

What New York State Law Says About Waste Service Charges

The primary legislation governing tenant-landlord relationships in New York is the New York State Real Property Law (RPL) Section 235-b, which guarantees a tenant's right to a habitable, safe, and clean apartment, commonly known as the "warranty of habitability." Waste collection is recognized as a basic service within this warranty.

However, landlords may lawfully require tenants to pay for trash and recycling if this cost is:

• Clearly and separately stated in the written lease agreement
• Not otherwise included in base rent or provided by the municipality

If the lease is silent or unclear on waste charges, tenants can ask the landlord for clarification and request copies of any bills or city notices on service fees. For most NYC tenants, trash and recycling collection is typically handled by the Department of Sanitation and covered by property taxes, so separate fees are unusual.

When Can a Landlord Bill for Trash or Recycling?

Landlords cannot charge extra for trash or recycling if:

• The lease says nothing about such fees
• The municipality provides services included in local taxes
• The charges are hidden, not disclosed in writing, or not specified by amount

They can bill tenants if all these conditions are met:

• The lease clearly states the tenant must pay for waste/removal services
• Tenants are notified in advance (preferably before signing)
• Fees are reasonable, not excessive or punitive

For all lease questions, refer to your signed agreement and consider consulting the official guidance from the New York State Homes and Community Renewal (NYSHCR), which oversees residential housing laws in the state.

What If You Dispute a Trash or Recycling Charge?

If you believe your landlord is charging inappropriately for waste services:

• Check your lease agreement for any language on utilities or "ancillary charges."
• Request written records (like invoices from a private hauler)
• Ask your municipality if trash/recycling is included in your taxes or provided at no direct cost to renters
• If unresolved, contact NYSHCR or file a complaint with your local housing agency

How to File a Complaint: Forms and Process

If you're unable to resolve a dispute directly and believe your landlord is violating housing laws, you may file a complaint with the Office of Rent Administration (ORA) at NYSHCR. Here’s how:

• DHCR Tenant’s Statement of Complaint (Form RA-81): Use this form to report overcharges or illegal fees, including for utilities or trash. Download it from the official NYSHCR DHCR RA-81 form.
• How it’s used: Submit if you are charged for services not covered by your lease, or believe a fee violates rent regulations. After filling out, mail or deliver to your local rent office listed on the form instructions.
• Local housing agencies: For cities outside NYC, contact your local municipality’s housing division for specific complaint forms and instructions.

The main tribunal for residential rental disputes is the NYSHCR’s Office of Rent Administration (ORA). ORA reviews complaints, investigates, and can order refunds or enforcement as needed.

Frequently Asked Questions

1. If my landlord asks for a trash removal fee, do I have to pay?
   Only if your lease clearly says you are responsible and the charges match what was disclosed. If it is not in your lease, ask your landlord for legal justification or seek help from NYSHCR.
2. Is trash and recycling always included in rent in New York?
   No. While it is common for landlords to cover trash services in multi-unit rentals, always check your lease. For single-family or small buildings, charges may sometimes be passed to tenants if spelled out in writing.
3. How do I challenge a trash or recycling fee in New York?
   Gather your lease and billing documents, confirm municipality policies, then submit a complaint (Form RA-81) to NYSHCR if necessary.
4. What is the main law protecting my right to waste collection in NY?
   New York’s Real Property Law Section 235-b guarantees tenants a habitable home, which includes essential services like trash removal.
5. Who handles rental complaints in New York State?
   The main tribunal is the Office of Rent Administration (NYSHCR). They review tenant complaints on fees, services, rent, and habitability.

Key Takeaways for Renters

• Landlords generally cannot charge separately for trash and recycling unless your lease specifically allows it.
• Always review your lease and ask questions before agreeing to extra utility charges.
• The main resource for dispute resolution is the New York State Office of Rent Administration.

Understanding your rights helps protect you from improper charges and ensures a fair rental experience.

Need Help? Resources for Renters

• New York State Homes and Community Renewal (NYSHCR) Renter Information – Official tenant FAQs and guides
• Office of Rent Administration (ORA) – File complaints and check your rights
• Tenant's Statement of Complaint (DHCR Form RA-81) – For reporting illegal or excessive charges
• NYC 311 Tenant Garbage and Recycling Questions – For New York City-specific issues
• Local Legal Aid – Many NY counties offer free tenant legal help; ask your city housing office for details

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1. New York State Real Property Law § 235-b – Warranty of Habitability
2. NYSHCR: Renter Housing Information
3. NYSHCR Office of Rent Administration (ORA)
4. DHCR RA-81: Tenant’s Statement of Complaint

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