DOS Inspection of Basement Was Lawful

LVT Number: 10014

Tenant complained to DOS that he believed there was asbestos in his basement apartment. DOS sent inspectors who confirmed this and issued a violation notice to landlord. After a hearing, ECB fined landlord $4,000 for the violation. Landlord appealed, claiming that the inspectors had searched the basement without a warrant in violation of the Fourth Amendment of the U.S. Constitution. The court ruled against landlord. Tenant had described the conditions over the phone to inspectors. When they arrived at the building, tenant showed them pictures taken a few days earlier.

Tenant complained to DOS that he believed there was asbestos in his basement apartment. DOS sent inspectors who confirmed this and issued a violation notice to landlord. After a hearing, ECB fined landlord $4,000 for the violation. Landlord appealed, claiming that the inspectors had searched the basement without a warrant in violation of the Fourth Amendment of the U.S. Constitution. The court ruled against landlord. Tenant had described the conditions over the phone to inspectors. When they arrived at the building, tenant showed them pictures taken a few days earlier. The inspectors had reason to believe there was an asbestos health emergency in the basement. Such immediately dangerous circumstances made a search warrant unnecessary.

Heller v. NYC Environmental Control Board: NYLJ, p. 25, col. 5 (9/29/95) (Sup. Ct. NY; Arber, J)