File #: Int 0814-2026    Version: * Name: Citizen enforcement program for illegal disposal of household or commercial refuse in public litter baskets.
Type: Introduction Status: Committee
Committee: Committee on Sanitation and Solid Waste Management
On agenda: 4/16/2026
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to a citizen enforcement program for illegal disposal of household or commercial refuse in public litter baskets
Sponsors: Harvey D. Epstein
Council Member Sponsors: 1
Summary: This bill would allow individual New Yorkers to file complaints regarding the illegal disposal of trash from homes or commercial venues into public trash cans. Once a complaint is filed with the Department of Sanitation, the Department would have 45 days to either issue a notice of violation itself or deny the complaint as frivolous. If 45 days pass without either of those actions happening, the person who filed the complaint could summon the person accused of illegally disposing of their trash to the Office of Administrative Trials and Hearings and prosecute the action personally. A person who filed a complaint would be entitled to 25% of proceeds if the Department of Sanitation prevailed in a hearing at the Office of Administrative Trials and Hearings over someone that person complained about, or 50% of the civil penalty if they themselves prosecuted the case and won. Finally, the Department of Sanitation would have to provide best practices on its website for filling out a complaint.
Attachments: 1. Summary of Int. No. 814, 2. Int. No. 814, 3. Memorandum in Support, 4. April 16, 2026 - Stated Meeting Agenda

Int. No. 814

 

By Council Member Epstein

 

A Local Law to amend the administrative code of the city of New York, in relation to a citizen enforcement program for illegal disposal of household or commercial refuse in public litter baskets

 

Be it enacted by the Council as follows:

 

Section 1. Section 16-120 of the administrative code of the city of New York is amended by adding a new subdivision j to read as follows:

j. 1. Any individual, other than an employee of the department or other employee of the city authorized to serve summonses for violations of the code, may serve upon the department a complaint alleging that a person has violated subdivision e of this section. Such complaint shall be in a form prescribed by the commissioner and shall require photographic or videographic evidence of a violation of subdivision e of this section.

2. If, within 45 days of a complaint being served on the department, the commissioner either fails to issue a notice of violation to the person alleged to have violated subdivision e of this section or fails to issue written notice to the individual who served a complaint pursuant to paragraph 1 of this subdivision that such complaint is frivolous or duplicitous, the individual who served such complaint may serve upon the person allegedly in violation, and file with the office of administrative trials and hearings pursuant to section 1049-a of the charter, a notice of violation in a form prescribed by such office.

3. An individual who has, pursuant to paragraph 2 of this subdivision, served a notice of violation upon the person allegedly in violation of subdivision e may commence an action before the office of administrative trials and hearings at such individual’s own expense. Such individual shall provide notice to the department of the action, and the commissioner may intervene in the action at any time.

4. In an action finding a person alleged to have violated subdivision e of this section based on a complaint served pursuant to paragraph 1 of this subdivision, the office of administrative trials and hearings shall award the individual who served such complaint:

(a) 25 percent of any proceeds from the action when such action is brought by the commissioner; or

(b) 50 percent of any civil penalty issued when such action is brought by the individual who served such complaint.

5. By January 1, 2027, the commissioner shall publish on the department’s website information related to best practices for filing a complaint pursuant to paragraph 1 of this subdivision. Such information shall include, but need not be limited to, guidance on procedures for filing such complaints and for gathering supporting documentation.

§ 2. This local law takes effect 180 days after it becomes law.

 

JMF

LS #21614

3/31/2026 2:56 PM