Fumes from Vacated Dry Cleaning Store

DEP issued a violation notice to landlord based on ``perk fumes'' in tenant's apartment. Landlord claimed that a dry cleaning store in the building had moved out. The ALJ ruled against landlord because the fumes were still present. Landlord was fined $800. Landlord appealed, claiming that landlord wasn't responsible if the dry cleaner had left behind equipment that still caused odors and the fumes weren't shown to be hazardous. ECB ruled against landlord. The DEP inspector had testified that he smelled heavy perk fumes in tenant's apartment and had traced them to a dry cleaning machine in the store.

Parkoff Mgmt.: ECB App. No. 33498 (3/27/01) [3-pg. doc.]