Residential property owners are responsible for making sure all waste for their building is set out correctly for collection.
Fines may be issued for each violation, and the amount may increase with each additional violation issued within a 12-month period.
Learn more about collection laws for residents.
Setout
If you set your waste out incorrectly or at the wrong time, or on the wrong days, you may be fined:
- $50 for the first offense
- $100 for the second offense
- $200 for the third and subsequent offenses
Bins
If you use a bin that is broken or if waste spills out of your container, you may be fined:
- $50 for the first offense
- $100 for the second offense
- $200 for the third and subsequent offenses
All New York City properties with 1-9 residential units must use a bin (55 gallons or less) with a secure lid for trash. Metal/Glass/Plastic/Cartons and Paper/Cardboard can be set out in clear bags.
Failure to use a bin that is 55 gallons or less with a secure lid for trash set out will result in fines:
- $50 for the first offense
- $100 for the second offense
- $200 for the third and subsequent offenses
Separation
All NYC residents (in buildings of any size) must:
- Separate compost from trash and place in a DSNY brown bin or any labeled bin (55 gallons or less) with a secure lid.
- As of April 1, 2025, property owners may receive a fine if compostable material is not separated from trash.
- Separate recycling from trash and set out recyclables correctly.
Failure to properly separate and set out compost and recycling will result in fines:
- Buildings with 1 to 8 units:
- $25 for the first offense
- $50 for the second offense
- $100 for the third and subsequent offenses
- Buildings with 9 or more units:
- $100 for the first offense
- $200 for the second offense
- $300 for the third and subsequent offenses
Please note: While composting is mandatory in New York City, DSNY has extended the outreach and education period for buildings with fewer than 30 units, giving residents more time to learn how to properly sort their organic waste. Summonses will only be issued to buildings with 30 or more units that are also identified as repeat offenders.
Summonses that were already issued are still valid. However, you can choose to fight the summons at the Office of Administrative Trials and Hearings (OATH) by following the directions on the summons.