Landlord Liable for Contractor's Errors

Facts: ECB found that both landlord and landlord's contractor, an asbestos abatement company, were liable for violating various asbestos regulations. The contractor didn't properly wrap or bag asbestos at the building, and the contractor's workers didn't wear proper protective clothing. ECB ordered both landlord and its contractor each to pay $12,000 in fines. Landlord appealed, claiming it wasn't responsible for the contractor's errors. Court: Landlord loses. It is reasonable to require landlord to be responsible for the actions of its contractor, particularly in the removal of a dangerous substance like asbestos. And city law requires landlord to take necessary precautions when any building alterations are made. Also, ECB wasn't applying a double penalty by fining both landlord and the contractor. The contractor was fined for its own violation of the regulations, while landlord was fined for not monitoring the contractor's activities.

Vision Environmental Services Corp. v. NYC DEP: NYLJ, p. 29, col. 2 (1/25/96) (Sup. Ct. NY; Schlesinger, J)