File #: Int 0624-2026    Version: * Name: Establishing exemptions for certain buildings from containerization requirements.
Type: Introduction Status: Committee
Committee: Committee on Sanitation and Solid Waste Management
On agenda: 2/12/2026
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to establishing exemptions for certain buildings from containerization requirements
Sponsors: Frank Morano, Joann Ariola , David M. Carr, Farah N. Louis, Inna Vernikov
Council Member Sponsors: 5
Summary: This bill would exempt certain small, mixed-use buildings that lack adequate storage space from rules issued by the Department of Sanitation (DSNY) requiring buildings with up to 9 dwelling units to set out refuse in rigid receptacles with tight-fitting lids. DSNY also would be required to approve or deny any application for an exemption within 60 days, and a denial could be appealed to the Office of Administrative Trials and Hearings. DSNY would be required to maintain a registry of all exempted buildings. Any notice of violation (NOV) issued to a building with a pending application for an exemption or which was eligible to appeal or which had a pending appeal of denial of such application would be dismissed, and any exempted building that is improperly issued an NOV could recover from DSNY reasonable costs and attorney’s fees. DSNY would also be required to conduct an education campaign on such exemptions.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 624, 2. Int. No. 624, 3. Hearing Transcript - Stated Meeting 2-12-26

Int. No. 624

 

By Council Members Morano, Ariola, Carr, Louis and Vernikov

 

A Local Law to amend the administrative code of the city of New York, in relation to establishing exemptions for certain buildings from containerization requirements

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision c of section 16-120 of the administrative code of the city of New York, as amended by local law number 110 for the year 2022, is amended by adding new paragraphs 4, 5, 6, 7, 8, 9, 10 and 11 to read as follows:

4. Automatic exemptions. Where the department has adopted rules requiring residential buildings with 9 or fewer dwelling units to set out refuse in rigid receptacles with tight-fitting lids, such a building shall, automatically and without application, be exempt from such requirements if such building:

(a) has a total building floor area under 5,000 square feet;

(b) includes ground-floor space used for commercial purposes;

(c) has a ground floor area with 2 feet or less of clearance from the property’s street-facing lot line; and

(d) has a ground floor area with three feet or less of clearance from all of the property’s lot lines which are not street-facing; or

(e) meets any other criteria for an exemption established by the department by rule.

5. Exemptions upon application. Where the department has adopted rules requiring residential buildings with 9 or fewer dwelling units to set out refuse in rigid receptacles with tight-fitting lids, such a building shall be exempt from such requirements if the building owner demonstrates to the satisfaction of the department that there is no location on the building property for the storage of such receptacles that would not either:

(a) result in a violation of the New York city fire code or housing maintenance code;

(b) require receptacles for residential use to be moved through a commercial tenant’s space;

(c) result in receptacles being stored in the public right-of-way at all times, including when not set out for collection by the department; or

(d) require receptacles to be permanently stored inside any dwelling unit.

6. Online filing. The department shall make available an online application form for a building owner to affirmatively apply for an exemption from department rules pursuant to paragraph 5 of this subdivision or to voluntarily provide information to the department regarding an exemption from department rules pursuant to paragraph 4 of this subdivision.

7. Determinations, notices, and appeals. Within 60 days of receiving an affirmative application for an exemption from department rules pursuant to paragraph 5 of this subdivision, the department shall determine whether the application demonstrates that the criteria listed in such paragraph 5 are satisfied, and shall notify the applicant of such determination. Within 30 days of the department’s notification that such criteria were not satisfied, or within 35 days if the notification was mailed, an applicant may file an appeal of such determination to the office of administrative trials and hearings.

8. (a) The department shall maintain a registry of all buildings which are known by the department to be exempt from department rules pursuant to paragraph 4 of this subdivision or have been granted an exemption from department rules pursuant to paragraph 5 of this subdivision.

(b) Any building which is exempt from department rules pursuant to paragraph 4 of this subdivision or has been granted an exemption from department rules pursuant to paragraph 5 of this subdivision and is subsequently issued a notice of violation for failure to set out refuse in rigid receptacles with tight-fitting lids is entitled to recover from the department reasonable costs and attorney’s fees associated with defending against such notice of violation.

9. Any notice of violation issued to a building with 9 or fewer dwelling units for failure to set out refuse in rigid receptacles with tight-fitting lids pursuant to department rules described in paragraphs 4 and 5 of this subdivision shall be dismissed if such building:

(a) demonstrates that it meets the criteria for an exemption from such rules pursuant to paragraph 4 or 5 of this subdivision;

(b) submitted an affirmative application for an exemption from such rules pursuant to paragraph 5 of this subdivision prior the issuance of such notice of violation and, at the time such notice of violation was issued, the department had not issued a notification of its determination on such application pursuant to paragraph 7 of this subdivision;

(c) submitted an affirmative application for an exemption from such rules pursuant to paragraph 5 of this subdivision prior the issuance of such notice of violation and, at the time such notice of violation was issued, the department had issued a notification of its denial of such application pursuant to paragraph 7 of this subdivision and less than 30 days had passed since such notification was issued; or,

(d) submitted an affirmative application for an exemption from such rules pursuant to paragraph 5 of this subdivision prior the issuance of such notice of violation and, at the time such notice of violation was issued, the applicant had filed an appeal of the department’s denial of such application to the office of administrative trials and hearings and such office had not issued a decision on such appeal.

10. Outreach and education. The commissioner shall conduct an ongoing outreach and education campaign to building owners, property managers, and residential and commercial tenants about the provisions of paragraphs 4, 5, 6, 7, 8, 9, and 11 of this subdivision.

11. Rulemaking. The commissioner shall promulgate rules necessary for the implementation of paragraphs 4, 5, 6, 7, 8, 9, 10 and 11 of this subdivision.

§ 2. This local law takes effect 120 days after it becomes law.

 

MB

LS# 20278

02/04/2026