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Containerization Requirements for Buildings Containing 10 or More Dwelling Units



Rule status: Proposed

Agency: DSNY

Comment by date: June 17, 2026

Printable Version of Proposed Rule Text
DSNY-Proposed-Amendment-of-Rules-Relating-to-Containerization-Requirements.pdf

This proposed rule would amend and expand the Department of Sanitation’s (“Department”) stationary on-street container pilot program to include an additional area and to extend containerization requirements for both large residential buildings that contain 31 or more residential dwelling units, and medium residential buildings that contain 10 to 30 residential dwelling units. The existing rule designated Manhattan Community District 9 as an area where buildings with 10 or more dwelling units were required to containerize all trash on a pilot basis. The City Council passed Local Law No. 180 of 2025, which authorizes the Department to expand this program and gives the Department additional authority to promulgate rules related to containerization and the use of stationary on-street containers.

This proposed rule would extend the pilot program in Manhattan Community District 9 to October 15, 2027, and set an implementation date of October 15, 2026, for all medium residential buildings (buildings with 10-30 dwelling units) in the District that are not utilizing stationary on-street containers to either opt-in to use stationary on-street containers or begin using Department-approved rigid containers with tight-fitting lids purchased from an authorized vendor. Medium residential buildings in such District that have not opted in previously for stationary on-street containers would be able to do so during the application period from July 1 to July 31, 2026.

The proposed rule would also expand the pilot program to include Brooklyn Community District 2. Large and medium residential buildings in Brooklyn Community District 2 would be able to opt-in to using stationary on-street containers from July 1 to July 31, 2026, and would be required to either begin using on-street containers or rigid containers with tight-fitting lids by October 15, 2026. The pilot program in Brooklyn Community District 2 would last until October 15, 2027. Extending the length of the pilot program in Manhattan Community District 9 and expanding the pilot program to Brooklyn Community District 2 will allow the Department to collect more data as it considers making the program permanent and expanding the program citywide.

This proposed rule would add definitions of the terms “large residential building,” “medium residential building,” and “residential building” as set forth in Local Law 180 of 2025. The previous rule used the terms “31 or more dwelling units” and “10 to 30 dwelling units.” Such buildings would now be referred to as “large residential buildings” and “medium residential buildings,” respectively.

This proposed rule would also set forth maintenance and cleanliness requirements for buildings in the pilot program that are utilizing stationary on-street containers. The Department would continue to require that such stationary on-street containers be kept clean, well-maintained, and clear of trash, debris, graffiti, vermin, food scraps, and unsanitary conditions. This rule would also require that all buildings utilizing stationary on-street containers remove snow and ice from the lids of such containers, and keep the following areas clear of all trash, debris, snow and ice conditions:

• the area between individual stationary on-street containers, if a building has multiple containers;
• the area between any stationary on-street container and any adjacent bollard or street marking applied by the Department; and
• the area of the roadway extending 1 1/2 feet from such stationary on-street container from all sides.

Additionally, any residential building utilizing stationary on-street containers in the pilot program would be required to distribute to their employees training materials provided by the Department relating to how to set out such refuse in such container, and to provide any such employees who are responsible for setting out such refuse in such container any personal protective equipment reasonably necessary for such purpose, including, but not limited to protective gloves.

This proposed rule would also make it a violation to intentionally damage, alter or vandalize any stationary on-street container by any person, including, but not limited to, the building owner or a person employed by such building.

Local Law 180 of 2025 allows the Department to fix penalties for any violation of any rules promulgated pursuant to section 16-114.2 of the New York City Administrative Code. Such penalty would be set at $100 for a first violation, $200 for a second violation committed within a 12-month period, and $300 for a third and subsequent violation committed within a 12-month period.

Send comments by

  • Email: [email protected]
  • Mail: DSNY/ Bureau of Legal Affairs, 125 Worth Street Room/Floor: 710 ; New York, New York 10013

Public Hearings

Attendees who need reasonable accommodation for a disability such as a sign language translation should contact the agency by calling 1 (646) 885-4996 or emailing [email protected] by June 10, 2026

Date

June 17, 2026
9:30am - 11:00am EDT

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Comments close by June 17, 2026

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Online comments: 4

  • Peter Nigrini

    The Empire Bin containerization program presents the opportunity to significantly improve the public realm. I encourage you to roll it out as quickly and efficiently as possible. I feel lucky to live in a district that is among the first to benefit.

    Comment added May 16, 2026 3:57am

  • anonymous

    New York City Department of Sanitation
    Bureau of Legal Affairs
    125 Worth Street, Room 710
    New York, NY 10013

    Re: Proposed Rules Relating to Containerization Requirements

    I am submitting these comments regarding the Department of Sanitation’s proposed amendments relating to residential containerization requirements for buildings containing 10 or more dwelling units.

    Our properties are older mixed use Chinatown buildings containing 16 residential units above ground floor and basement restaurant uses. While we understand the City’s goals relating to rat mitigation and cleaner streets, the proposed rule does not adequately address the physical realities and limitations of many older Lower Manhattan buildings.

    The proposed rule gives DSNY discretion to determine that a building’s “circumstances warrant a different containerization method or alternative set out method.” We strongly urge DSNY to explicitly clarify within the final rule that the following conditions constitute valid grounds for alternative set out approval or exemption from standard rigid container requirements:

    • Lack of lawful interior storage space
    • Narrow hallways or means of egress that would be obstructed by required containers
    • FDNY fire safety concerns relating to blocked or narrowed exits
    • Lack of side yard, rear yard, loading dock, or curb cut
    • Mixed use buildings where commercial operations already occupy limited service and cellar areas
    • ADA or pedestrian clearance concerns
    • Prewar or tenement style building configurations that physically cannot accommodate multiple rigid bins safely

    Our buildings do not have dedicated trash rooms, loading docks, side yards, or rear access. Interior hallway areas are narrow and function as primary residential egress paths. Requiring large rigid bins to be stored within these common areas may create conflicts with FDNY safety requirements, emergency access, tenant movement, and sanitation handling.

    In many older Chinatown buildings, cellar access is already heavily utilized by restaurant infrastructure, utility systems, storage, and building operations. These buildings were constructed long before modern containerization mandates and were not designed to accommodate large wheeled bins internally.

    We respectfully request that DSNY create a formal hardship or alternative compliance pathway for older mixed use multifamily buildings where standard containerization is physically impractical or creates safety concerns. We further request that DSNY specifically recognize “lack of lawful storage space” and “egress obstruction concerns” as explicit qualifying conditions for alternative set out methods.

    We also encourage DSNY to work collaboratively with FDNY, DOB, and affected property owners before imposing requirements that may unintentionally create unsafe hallway conditions or conflicts with other building regulations.

    Thank you for the opportunity to comment on this proposed rule.

    Comment added May 21, 2026 4:24am

  • Shawn

    I am in complete support of the containerization requirements and the permanent street containers for people to bring their trash to. My neighborhood in Clinton Hill CB2 is completely overrun with rats due to large buildings leaving piles of trash out for hours for rodents to feast on (and which invite non-building residents to dump their trash there too). It’s completely unsanitary and with hantavirus in the news we need to take this much more seriously. The faster this rolls out, the better.

    Comment added May 23, 2026 10:23am

  • Anonymous

    I believe clarity and flexibility is needed in any final requirement for use of on-street containers. The arbitrary use of “more than 30 units” lumps in massive buildings that generate large amounts of trash with more modest buildings that can easily use sidewalk containerization. If a moderately sized building that is above 30 units can successfully use sidewalk containerization, they should not be required to use on-street containerization. I urge flexibility to allow this with extenuating circumstances where on-street containers:
    – do not fit the aesthetic of historic neighborhoods and should be limited to only absolute necessary deployment
    – cause narrow and unsafe travel routes on narrow streets. On days when opposite side parking is in effect, an on-street container and parked car opposite one another will constrict the street width – we often see this play out when cars park illegally, and fire trucks have great difficulty squeezing through the constricted street.

    I fully support containerization with use of approved NYC bins, but I urge a redefinition of “large” to be above 60 dwelling units, or an addition of another tier to distinguish between building sizes that provides more flexibility below 60 dwelling units, and accommodation for historic neighborhoods and streets that are defined as “narrow.”

    Comment added June 8, 2026 1:22pm