Recycling Rider on Leases

January 18, 2018 | By Charles Botensten

Q: I am a licensed real estate salesperson and focus primarily on residential leasing transactions.  Recently, I noticed that certain landlords have been attaching a “recycling rider” to their residential leases.  Is there a legal requirement that a landlord attach a recycling rider?  What is the purpose of this type of rider?

A: No, there is no legal requirement that a landlord attaches a recycling rider to a residential lease. 

New York City does, however, have a mandatory recycling program.  This program requires all residents to separate designated materials from other waste in their homes for a separate collection.  Residential building landlords are required to notify residents about such recycling requirements, designate available recycling areas, and maintain signs explaining how and what to recycle.  In order to comply with the landlord’s disclosure obligations under the City’s mandatory recycling program, landlords are using the “recycling rider” as a means of such advance disclosure.

The Legal Line Question by:
Neil B. Garfinkel
REBNY Broker Counsel

Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP