Landlord Didn't Reinstall Water Meter

LVT Number: #25469

DEP issued a violation notice to landlord for failing to have a water meter installed in the residential portion of its building. Landlord argued that it wasn't responsible for the violation because the city had removed the meter in 2007 when it opened the sidewalk to make repairs. Landlord had reinstalled a water meter for the building's commercial space in 2012 and was now installing another one for the residential portion. Landlord claimed that the two upper residential floors of the building had been vacant since the water meter was removed.

DEP issued a violation notice to landlord for failing to have a water meter installed in the residential portion of its building. Landlord argued that it wasn't responsible for the violation because the city had removed the meter in 2007 when it opened the sidewalk to make repairs. Landlord had reinstalled a water meter for the building's commercial space in 2012 and was now installing another one for the residential portion. Landlord claimed that the two upper residential floors of the building had been vacant since the water meter was removed. The ALJ ruled for landlord and dismissed the violation, finding that DEP failed to send landlord a warning notice. DEP appealed and won. DEP had in fact sent landlord a warning notice. And the absence of the water meter was sufficient to sustain the violation. Landlord was fined $250.

36 West 48th Street LLC: ECB App. No. 1400016 (3/27/14) [3-pg. doc.]

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