Orthodox Jews Clash with NYC Sanitation Department Over Sabbath Trash Rules

Orthodox Jews Clash with NYC Sanitation Department Over Sabbath Trash Rules

Edited by: Fern Sidman

Orthodox Jews in New York City are raising concerns over recent changes to trash collection rules, which they argue conflict with their religious observance of the Sabbath. In neighborhoods with a large Orthodox Jewish population, such as Crown Heights, residents have been fined for putting trash out before the permitted times due to religious restrictions.

According to a report on Sunday in The New York Post, the city’s updated rules, which prohibit residents from placing trash on the curb until later in the evening, are causing friction between religious obligations and city regulations.

The new regulations, implemented by the Sanitation Department, were designed to limit the amount of time trash is left on the street, with the goal of reducing the city’s rat problem. The changes require property owners to place garbage bins on the curb after 6 p.m. if the bins have secure lids, or between 8 p.m. and midnight for trash bags. Previously, trash could be placed out as early as 4 p.m. However, as The New York Post reported, these later times pose a significant problem for observant Jews who cannot engage in activities considered work after the Sabbath begins, typically before sunset on Friday evenings.

One Crown Heights resident, Kan Tzivah, voiced frustration over the new rules, telling The New York Post that the city’s regulations directly infringe on religious liberties. “The city’s new regulations regarding garbage collection now directly infringe on our religious liberties and seem to overturn nearly 100 years of precedent,” Tzivah said, pointing out that for nearly half of the year, the Sabbath starts before 6 p.m. This puts residents in a bind, as they are not permitted to handle trash during the Sabbath, yet the new rules restrict when trash can be set out.

Tzivah recounted his experience of trying to explain the religious implications of the new rules to a sanitation worker, who was issuing fines right before the Sabbath on his block. “Unfortunately, he simply said that while he was sympathetic to our problem, he was following orders and couldn’t make exceptions,” Tzivah told The New York Post. His frustration reflects a broader sentiment within the community that these new regulations fail to take into account the needs of the Jewish community, particularly when it comes to religious practices.

Rabbi Motty Lipskier, a Crown Heights educator, also expressed surprise at receiving a summons for placing his trash out too early. “I was surprised because in all my years living here in Crown Heights, the DOS [Department of Sanitation] has been very considerate to our needs as religious Jews,” Rabbi Lipskier told The New York Post. Despite the summons, he remained hopeful that the city would work to resolve the issue. “I appreciate all those who are working on resolving this issue and I trust that the DOS will be understanding,” he added.

The fines for putting out trash too early range from $50 to $300, according to The New York Post. Residents in heavily Orthodox neighborhoods are now being penalized for adhering to their religious traditions while trying to comply with city regulations. The city’s intention behind the new rules is clear: to address the growing problem of rats and rodents by limiting their access to food waste. But as The New York Post highlighted, this well-meaning policy has inadvertently created significant challenges for religious communities that have long observed established practices for managing trash on the Sabbath.

For decades, the city’s sanitation department has worked closely with religious communities to accommodate these practices. The current tension over trash regulations reflects broader questions about balancing public health initiatives with respect for religious practices. As The New York Post noted, some community members feel that these changes suggest a shift in the city’s attitude toward accommodating the needs of the Orthodox Jewish population. “It feels as though, in NYC 2024, the concerns of the Jewish community no longer count,” Tzivah remarked, summing up the growing dissatisfaction among affected residents.

Brooklyn state Sen. Simcha Felder is calling on the Department of Sanitation to reconsider its enforcement of stricter garbage set-out times in heavily Orthodox Jewish neighborhoods, particularly where residents are Sabbath observant. As The New York Post reported, Felder has formally requested that the Sanitation Department stop issuing summonses to those who need to put their trash out earlier than the mandated times due to religious restrictions. In his Sept. 18th letter to the DSNY’s enforcement chief, Felder emphasized that for residents with Saturday garbage collection, adhering to the new rules is impossible without violating their religious observances.

“Sabbath observant residents with Saturday collection will need to put out their trash receptacles in advance of the Sabbath, which will be earlier than DSNY’s Trash Setout Times of 6:00pm and 8:00pm,” Felder wrote, as quoted by The New York Post. The senator argued that enforcing these later times in neighborhoods such as Crown Heights, where Orthodox Jews make up a significant portion of the population, would result in large amounts of garbage accumulating on the streets, as residents cannot handle trash during the Sabbath.

Felder’s proposal is a small but significant accommodation for religious residents. “By allowing this small window of time for Sabbath observant residents with Saturday collection, we can ensure that we do not cause mounds of stagnant garbage to pile up throughout the neighborhood,” he wrote, according to The New York Post. He urged the Sanitation Department to temporarily suspend issuing violations for early trash set-out in these areas, noting that the only opportunity for Sabbath-observant Jews to put out their garbage is before the start of the Sabbath on Friday evenings.

The Department of Sanitation, however, has defended its revised trash set-out times, citing public health concerns and the success of recent efforts to reduce the city’s rat population. DSNY Deputy Commissioner for Public Affairs Joshua Goodman explained to The New York Post that the earlier 4 p.m. set-out time meant that trash bags were left on curbs for far too long, contributing to the city’s rat infestation problem. “The old 4 p.m. set-out time was among the earliest in the country, and it meant that black bags of trash sat on our curbs more than half the day,” Goodman said. He pointed out that the changes to later trash set-out times have led to the largest year-over-year reduction in rat sightings since 2010, but he stressed that sustained progress depends on compliance with the new regulations.

Goodman also noted that DSNY had previously offered an alternative solution to address the conflict between trash collection schedules and religious observance. According to The New York Post, the department proposed moving the Saturday collection day in Crown Heights to another day of the week. However, Goodman stated that community leaders declined the offer. “While that offer was declined by community leaders,” Goodman explained, “it remains on the table.”

The fight against the city’s growing rat problem has been a key initiative of Mayor Eric Adams. As The New York Post highlighted, Adams has been personally invested in reducing vermin sightings throughout New York City, even receiving a summons himself for vermin infestation at his Bedford-Stuyvesant property. The mayor’s administration has made significant strides in combating the city’s rat issue, a priority that has driven recent changes to trash collection policies.

Despite the public health motivations behind the new trash set-out times, Sen. Felder and his constituents argue that the regulations fail to account for the religious needs of observant Jewish residents. As The New York Post reported, Felder’s letter reflects growing frustration within these communities, who feel that the city’s current approach forces them to choose between following religious laws and avoiding hefty fines for early trash set-out. While Felder appreciates the city’s efforts to reduce the rat population, he maintains that a reasonable accommodation for Sabbath observant Jews is both necessary and respectful of religious liberties.