President of Landlord Corporation Not Liable for Violation

LVT Number: 8268

The DEP issued a violation notice to the president of landlord corporation for various asbestos violations. Landlord claimed that he wasn't personally responsible. The ALJ fined landlord $6,000, and landlord appealed. The ECB reversed and ruled for landlord. The building was owned by a corporation. Even though president's signature is on certain building records, this doesn't create liability. The asbestos regulations define a building owner as "the person in whom legal title to the premises is vested.''

The DEP issued a violation notice to the president of landlord corporation for various asbestos violations. Landlord claimed that he wasn't personally responsible. The ALJ fined landlord $6,000, and landlord appealed. The ECB reversed and ruled for landlord. The building was owned by a corporation. Even though president's signature is on certain building records, this doesn't create liability. The asbestos regulations define a building owner as "the person in whom legal title to the premises is vested.''

City of New York v. Neustein: ECB App. No. 8840 (4/28/93) [2-page document]

Downloads

8840.pdf146.62 KB