Landlord Didn't Seal Incinerator

LVT Number: 8951

The DEP issued landlord a violation notice because he didn't seal the building's incinerator by the June 29, 1993, deadline. The ALJ fined landlord $875, and landlord appealed. Landlord claimed he wasn't in violation because the incinerator no longer worked---he'd removed the burner before the deadline. The ECB ruled against landlord. Dismantling part of the incinerator wasn't enough. Landlord had to seal the incinerator by the June deadline.

The DEP issued landlord a violation notice because he didn't seal the building's incinerator by the June 29, 1993, deadline. The ALJ fined landlord $875, and landlord appealed. Landlord claimed he wasn't in violation because the incinerator no longer worked---he'd removed the burner before the deadline. The ECB ruled against landlord. Dismantling part of the incinerator wasn't enough. Landlord had to seal the incinerator by the June deadline.

City of New York v. David Eisenstein Realty: ECB App. No. 20165 (12/15/93) [2-page document]

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