Black Trash Bags On NYC Sidewalks Could Now Bring Fines

NEW YORK CITY—The Department of Sanitation will start fining owners of small residential buildings who leave trash in black garbage bags on the curb instead of using required lidded bins.

The City will begin issuing $50 summonses to owners of residential buildings with one to nine units on Tuesday. Repeat violations can bring fines of up to $200.

The rule took effect June 1, but the department spent the summer warning property owners instead of issuing fines. The City issued nearly 30,000 warnings during that period.

Who Needs To Worry About The New Rule?

The fines target property owners, so most tenants will not need to buy a bin or change how they dispose of household trash. They should continue following their building’s trash instructions.

For owners of one- to nine-unit buildings, the responsibility falls on the property owner. That includes many brownstone and small apartment-building owners.

Co-op and condominium owners generally do not handle curbside collection on their own.

Their board, managing agent or building management typically oversees the building’s trash operation. Residents should check with their management company or board if they are unsure whether the building complies.

For a small building where residents share responsibility for putting out trash, owners and managers should make sure the building has the required NYC Bins before enforcement begins.

What Do Building Owners Need To Use?

Buildings with up to nine residential units must put their garbage out in city-approved NYC Bins, which have secure lids and come in several sizes.

The largest bin costs $63 at Home Depot. The bins also can be ordered through delivery services including Uber Eats and Instacart.

The requirement builds on a broader city rule that has required residential buildings to use lidded containers for trash for nearly two years. Until now, owners could use any lidded container with a capacity of up to 55 gallons.

The new enforcement focuses specifically on the city-approved bins.

Why Is The City Requiring Bins?

Black garbage bags left on sidewalks can tear open, spilling food and other waste onto streets and attracting rats.

The NYC Bins use a rodent-resistant design intended to keep garbage contained. Sanitation trucks also are gradually receiving mechanical equipment that can lift and empty the containers, speeding up collection.

Where Are Rats Worst In NYC?

The City has designated several Rat Mitigation Zones in neighborhoods with persistent rodent activity, sending inspectors to properties after 311 complaints and conducting proactive inspections.

In the most recent six-month period, 17.6 percent of initial inspections in the Bed-Stuy and Bushwick zone failed because inspectors found evidence of active rat activity.

The East Village and Chinatown zone in Manhattan recorded a 15.3 percent failure rate. Among compliance inspections, 36.3 percent failed for active rat signs.

Harlem, which became a Rat Mitigation Zone in January 2023, recorded a 17 percent failure rate during initial inspections in the latest period. The rate climbed to 70.6 percent among compliance inspections.

What Happens Next?

The City plans to expand its containerization program beyond smaller residential buildings.

This fall, the Sanitation Department plans to begin installing Empire Bins in Brooklyn Community District 2, which includes Downtown Brooklyn, Dumbo and Brooklyn Heights.

The sealed containers, modeled on systems used in Europe, require an access card to open.

The City plans to expand the system citywide by 2031. Officials expect the rollout to replace nearly 30,000 parking spaces and give sanitation workers easier access to residential trash.