Landlord Didn't Install Water Meter

LVT Number: 8799

DEP sent a letter to previous building owner stating that it would install water meters if landlord didn't do so by a specified date. The letter didn't mention installation deadlines or penalties. Landlord didn't install the water meters, and subsequently sold the building. The ALJ fined the new landlord for not installing a water meter. Landlord appealed and won. ECB found that landlord had properly relied on the letter sent to the previous owner. It was reasonable for landlord to expect DEP to install the water meters.

DEP sent a letter to previous building owner stating that it would install water meters if landlord didn't do so by a specified date. The letter didn't mention installation deadlines or penalties. Landlord didn't install the water meters, and subsequently sold the building. The ALJ fined the new landlord for not installing a water meter. Landlord appealed and won. ECB found that landlord had properly relied on the letter sent to the previous owner. It was reasonable for landlord to expect DEP to install the water meters.

City of New York v. 541 East 12th St. Corp.: ECB App. No. 14970 (3/16/94) [2-page document]

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