Landlord Didn't Provide Access for Asbestos Project Inspection

DEP issued a violation notice to landlord for failing to permit access to inspect an apartment asbestos project for which an ACP-7 notification form was filed. Upon arrival for inspection, the super had told DEP's inspector that no work was being done that day and refused access because the abatement contractor wasn't on site. The inspector called the abatement contractor, who also stated that workers weren't on site because of a broken electrical plug on one of the ventilation machines. But the project wasn't postponed by the contractor on DEP's computer system. The building super testified at a hearing that the inspector never asked him for access and that he would have given access if requested. The ALJ believed the super and dismissed the violation. DEP appealed and won. Landlord was required to provide access for asbestos project inspection on the appointed date. The ALJ's decision mischaracterized testimony, and it was clear that both the super and doorman refused to provide access to DEP's inspector. The violations were reinstated, and landlord was fined $2,400.

257 Central Park West, Inc.: ECB App. No. 1201225 (2/28/13) [3-pg. doc.]