Owners with Five or More Units Must Offer Recycling to Residents Beginning in 2012

Governor Brown has signed California Assembly Bill 818, which establishes the Renter’s Right to Recycle Act and requires an owner of a multifamily dwelling, defined as a residential facility that consists of 5 or more living units, to arrange for recycling services that are appropriate and available for the multifamily dwelling, consistent with state or local laws. The owner is not required to arrange for recycling if (1) there is inadequate space for recycling containers as certified by a solid waste enterprise that would otherwise serve the multifamily dwelling; (2) no solid waste enterprise providing recycling services serves the property; or (3) the cost of recycling services creates a financial hardship for the property owner. A multifamily dwelling owner can claim a financial hardship only if the recycling services result in a cost increase of 30 percent or more over the cost of providing solid waste services alone. The legislation does not interfere with or prevent the authority of a local jurisdiction from requiring recycling services for multifamily dwellings. This law goes into effect on January 1, 2012.

For further information, please do not hesitate to contact Earl R. Wallace, Esq. at (949) 748-3600.