Small Tribeca landlords sue NYC sanitation over impossible trash-bin rules

Robert Moskowitz, proprietor of a dozen small downtown buildings, was hit with three “receptacle violation” tickets for using trash bags rather than the city-required rigid containers and paid $150 in fines. After an unsuccessful appeal, he sued the Department of Sanitation, contending that his Tribeca walk-ups have no room for the bulky bins and that fire-code rules forbid storing trash in lobbies. His lawyer, Nicole Waknine, argues the law imposes a disproportionate burden on tiny properties and calls for a waiver program.

The three cited buildings—277 Church St., 31 Walker St. and 92 Reade St.—each have narrow entryways that would leave residents with only a few inches of clearance if bins were placed there. A proposed City Council bill, championed by Frank Morano, would carve out exemptions for similarly constrained owners. DSNY’s Joshua Goodman defended the rule, citing citywide enforcement data and an exemption process for rare safety cases, though no such applications have been recorded from the plaintiffs.