Cal. Civ. Code § 5:28-1.5
Garbage and rubbish storage
Operative Text
(a) Garbage or other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight fitting covers. At least one approved type garbage receptacle shall be provided for each dwelling unit, in accordance with N.J.A.C. 5:28-1.12(i). (b) Rubbish shall be stored in receptacles of metal or other approved material. At least one rubbish receptacle shall be provided for each dwelling unit, in accordance with N.J.A.C. 5:28-1.12(i). (c) Rubbish that does not include materials determined by local ordinance to be recyclable may be stored together with garbage in an approved type garbage receptacle, unless otherwise provided by ordinance. Recyclable materials shall be stored separately from non-recyclable materials.
Under N.J.A.C. § 5:28-1.5, residential properties must have at least one watertight, covered receptacle for garbage or organic waste and at least one receptacle for rubbish for each dwelling unit. Rubbish and garbage may be stored together in an approved container, but only if the rubbish does not include materials that local ordinance designates as recyclable. Recyclable materials must always be kept separate from non-recyclable materials, and any local ordinance may impose additional or different requirements.
Plain English — not legal advice.
Operators of residential rental properties subject to N.J.A.C. § 5:28-1.5 generally ensure that each dwelling unit is served by at least one watertight, covered garbage receptacle made of metal or other approved material, plus a separate rubbish receptacle. Compliant operators also check applicable local ordinances to identify which materials are classified as recyclable, since those items must be stored separately and cannot be combined with general garbage or rubbish. Keeping records of the receptacles provided per unit and staying current with any municipal recycling rules are practices commonly associated with compliance under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:28-1.5 establishes that tenants are entitled to at least one approved, watertight garbage receptacle and one rubbish receptacle per dwelling unit, supplied by the property. If adequate receptacles are not provided, or if recyclable materials are not being stored separately as required, tenants may document the conditions and report concerns to the local municipal housing or code enforcement office, which has authority to inspect and address violations. Tenant-rights organizations in New Jersey can also help residents understand how this provision interacts with local ordinances and what options may be available when a landlord is not meeting these storage requirements.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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