The last issue that Brown raised with the government concerns garbage removal, the same issue that caused the initial finding of retaliation in 2017. This iteration of the trash complaint mirrors the previous one but to a lesser degree. To comprehend the complaint, mundane details of trash can storage and trash removal must be set forth. MLR has provided three trash receptacles—two of the receptacles are for trash disposal and the third is for recyclable materials. The containers are stored in a small alcove beneath the front stairway with the recyclable bin and one trash container placed in front of the remaining trash can. According to Brown, how the three containers were arranged created an issue. In particular, Brown testified that when the front bins were filled, they became too heavy to move and thus, access to the additional trash container in the back was blocked. As a result, the rate at which garbage accumulated exceeded the frequency of its removal.
The crux of Brown's grievance was how MLR chose to ameliorate the trash buildup. MLR had engaged a private hauler to remove the trash and instead of having its hauler remove the trash more frequently, MLR had its maintenance person stop by 285 State Street between the hauler's scheduled pickups to remove part of the trash from the top of the container. This was unacceptable to Brown, so he filed a complaint with the City of Albany Department of General Services (DGS).