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Set-out Times for Collection

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Rule status: Adopted

Agency: DSNY

Effective date: March 22, 2026

Proposed Rule Full Text
DSNY-Proposed-Amendment-of-Rules-Relating-to-Set-Out-Times-for-Collection-Opt-in.pdf

Adopted Rule Full Text
FINAL-DSNY-Amendment-of-Rules-Relating-to-Set-Out-Times-for-Collection-Opt-in.pdf

Hearing transcript
130913_1.07.26-DSNY-Public-Hearing-1wi.pdf

Adopted rule summary:

DSNY currently requires residences using receptacles with tight-fitting lids to place such receptacles containing solid waste and recyclables at the curb for collection by DSNY no earlier than 6:00 p.m. on the day before their scheduled collection. Residences using bags must place their materials at the curb for collection by DSNY no earlier than 8:00 p.m. on the day before their scheduled collection. In both cases, solid waste and recyclables must be set out before midnight to allow for Department collection beginning at 12:01 a.m. on the scheduled collection day.

DSNY recognizes that every community has different needs. DSNY’s proposed rule would have allowed individual Community Boards, upon written notification to DSNY, to opt into an alternate schedule that would permit residences in their districts that receive collection service on Saturdays to place materials for collection at the curb no earlier than one hour before sunset on Fridays, provided that such materials are placed out in receptacles with a tight-fitting lid.

Since this proposed rule was published, the New York State legislature and the Governor reached an agreement to amend Administrative Code section 16-120(c)(4) to provide that Community Boards may adopt a resolution to opt into an alternate schedule for residences in their districts that receive collection service on Saturdays that would permit such residences to place materials for collection at the curb no earlier than 3:00 p.m. on Friday, and that DSNY must implement such change within thirty days of such a resolution being adopted. DSNY has revised the proposed rule to make it consistent with these forthcoming amendments to the Administrative Code. The requirement that materials for collection be placed out in receptacles with a tight-fitting lid remains unchanged. The rule has also been revised to provide for additional clarity as to the notice to be provided to Community Boards and residents when an alternate collection schedule is adopted.

DSNY’s authority for this rule is found in sections 753 and 1043(a) of the New York City Charter and section 16-120 of the New York City Administrative Code.

Comments are now closed.

Online comments: 8

  • frank dardani

    IF WE ARE ONLY ALLOWED TO PLACE GARBAGE OUT IN INCLOSED CONTAINERS THEN TIME SHOULD BE ADJUSTED TO DAYLIGHT HOURS SO SENIORS DON’T HAVE TO COME OUT IN DARKNESS .
    SAFETY FIRST

    Comment added December 17, 2025 11:13am

  • Anonymous

    All garbage in containers and recyclables bags should be 6PM. Who wants to put out garbage twice. The recyclables bags should be tied at the top.

    Comment added December 21, 2025 2:40am

  • judith katzman-Zimmerman

    As a senior I cannot put garbage out in the dark especially with snow and ice on the streets. Considering the fact that our garbage is tied up and in containers with lids, there should be no issue putting it on the street. Besides the fact that the cans are always outside and the rodent issue is irrelevant since being on the street and up the driveway is the same.

    Comment added December 24, 2025 10:24am

  • S

    What difference does it make what time at night we put our garbage and recyclables out? Can the rats tell time and wait until the garbage goes from the side of the house to the front? Yet another example of overreach by this city.

    Comment added December 24, 2025 11:31am

  • N.Bonefont

    DSNY is forgetting US SENIORS wt difficulty walking,poor vision, poor movement putting garbage outside in the dark. Please adjust the hours to place garbage outside during day ligth . You Not practicing *INCLUDING the Rigths for Handicaps( ADA) Neither Human Rigths Law adding protection to multiple people in our communities who are seniors and handicap . *Safety First * *Rats dnt just come out at nigth*. *As a solution city should add extra pick up day during the week*. *Instead 2 make it 3days pick up*. *Implement a new strategic campaign educating people who now a days dnt have the responsibility of paying a ticket because comes only under property owner*. There so much horrible dumping around . *Ask the community for solutions as well and put it on practice * ! Thank you Hopefully 2026 be a year of renovation and a better system for DSNY.

    Comment added December 27, 2025 8:04am

  • C. James Robert von Scholz SC

    BY WEBSITE SUBMISSION / NO HARDCOPY SENT:
    https://rules.cityofnewyork.us/rule/relating-to-set-out-times-for-collection

    Submitted to: New York City Department of Sanitation (DSNY)
    Attn: Bureau of Legal Affairs
    Re: Commentary in Support of DSNY Proposed Rule Changes
    Relating to Set-Out Times for Collection (Religious Accommodation)

    To Whom it May Concern:
    I submit this commentary in my capacity as a Registered Representative in matters before the Office of Administrative Trials and Hearings, the City’s designated adjudicatory body, and in response to the Department of Sanitation of the City of New York’s proposed amendments to its rules governing waste collection set-out times. I write in strong support of the proposed changes, particularly insofar as they provide reasonable and well-structured accommodation for residents whose religious observance extends from sunset on Fridays through sunset on Saturdays.

    Accommodation of Sabbath Observance

    The proposed amendments directly and thoughtfully address a longstanding conflict between existing set-out requirements and the religious obligations of Sabbath-observing communities. Under current rules, residents are generally required to place waste at the curb no earlier than 6:00 p.m. on the evening prior to scheduled collection, provided the material is contained in receptacles with tight-fitting lids. In areas with Saturday collection, this timing requirement can directly conflict with the commencement of the Sabbath at sunset on Friday.

    The proposed rule-change resolves this conflict by permitting, in designated Saturday collection areas, set-out no earlier than one hour before sunset on Friday, provided that materials are placed in receptacles with tight-fitting lids. This accommodation appropriately recognizes sunset on Friday as a religious boundary of legal and practical significance for many residents, while maintaining the City’s sanitation and public health objectives.

    Legal Authority and Procedural Framework

    The Department’s proposal rests on clear and sufficient legal authority, including Sections 753 and 1043(a) of the New York City Charter and Section 16-120 of the New York City Administrative Code. The rulemaking process complies with the procedural requirements of Charter Section 1043 and incorporates meaningful safeguards to ensure transparency, accountability, and local participation.

    Notably, the proposal requires Community Boards to affirmatively opt into the alternate schedule through written request; and assigns responsibility to those Boards for notifying affected residents. The Department’s commitment to notifying Community Board Chairs and District Managers of the effective implementation date further reinforces procedural clarity and administrative coordination.

    Consistency with Religious Accommodation Principles

    The proposed amendments reflect well-established principles of reasonable religious accommodation. The accommodation is narrowly-tailored, limited to Saturday collection areas and implemented only upon demonstrated community need. It removes an otherwise unavoidable conflict between religious observance and compliance with municipal regulations, without imposing undue burden on the Department or compromising sanitation standards.

    The continued requirement that materials be placed in receptacles with tight-fitting lids ensures that the accommodation remains compatible with operational and public health considerations.

    Community Board Opt-In Mechanism

    The opt-in structure provides a sound policy balance. It preserves local control, ensures that accommodations are implemented only where warranted, and avoids imposing uniform changes on communities that do not require or desire them. This approach aligns with the Department’s stated recognition that “every community has different needs” and reflects a measured, community-responsive regulatory design.

    Advancing Inclusivity and Equity in Municipal Services

    By addressing the practical realities faced by Sabbath-observing residents, the proposed rule changes advance inclusivity and equity in the delivery of core municipal services. They ensure that adherence to religious practice does not place residents at risk of noncompliance or penalty, and they reinforce the City’s commitment to serving its diverse population in a manner consistent with both legal obligations and civic fairness.

    Additional Considerations

    The proposal appropriately incorporates safeguards to preserve sanitation effectiveness and public health. The certification accompanying the rulemaking reflects that the amendments minimize compliance costs, achieve their stated purpose, and do not conflict with other applicable rules or regulations.

    Conclusion

    The proposed DSNY rule changes represent a careful, legally grounded, and operationally sound approach to religious accommodation. They strike an appropriate balance between respect for religious observance and the practical demands of municipal sanitation services, supported by clear authority, procedural safeguards, and community involvement.
    For these reasons, I strongly support adoption of the proposed amendments as an important step toward more inclusive and equitable municipal regulation.

    Respectfully submitted,

    /s/ C. James Robert von Scholz
    C. James Robert von Scholz SC
    Dir. Tel. +1.212.444.2670
    Dir. Fax. +1.212.590.6136
    Email : [email protected]

    Comment attachment
    DSNY-Set-out-Times-01052026.pdf
    Comment added January 5, 2026 10:53am

  • Robert Lee

    Good afternoon. This is a very tedious burden for multifamily owners of 2 to 9 properties. My super leaves at 5:30. This forces me to hire another person to bring the garbage out after 8 PM. Can you please relax these rules somewhat? Thank you.

    Comment added January 7, 2026 1:03pm

  • Daniel Bersohn

    This appears to be an attempt at accommodation to religious observance of the Jewish Sabbath (Shabbat). Allowing Community Boards to gate access to the revised set out schedule could invite RFRA litigation against Community Boards who do not act and have strict observers of Shabbat within their Community District.

    There are many Jewish holidays which have work restrictions equal to those in place on Shabbat. The proposed rule fails to provide similar accomodation for those holidays.

    I suggest the following revisions allow set out of closed containers of trash, compost and bagged or containerized recyclables on Fridays and the night before City-recognized alternate side parking holidays up to 1 hour prior to sunset. This revision should reduce litigation risk to Community Boards and the City. The City could require pre-registration on an annual basis of which holidays a property plans to observe for the purposes of early set-out of waste.

    Comment added January 7, 2026 3:31pm