Small Building Landlord Avoids Penalty

DEP issued a violation notice to landlord for five violations of the NYC asbestos rules and regulations. The inspector found that landlord had permitted a number of violations: asbestos workers didn't wear gloves; no asbestos warning signs were posted; no entry log of records was kept; and asbestos-containing materials were neither removed by wet methods nor bagged immediately upon detachment. Landlord argued that under the state labor law, she wasn't responsible if the licensed asbestos contractor didn't follow regulations. She also claimed that it was simply unfair to hold her responsible. The ALJ ruled against landlord, and fined her $15,000. Landlord appealed, and the ECB reversed and ruled for landlord. Landlord is responsible for asbestos violations under New York City asbestos regulations. The labor law provisions are irrelevant. But the building is a two-family dwelling that landlord herself lives in. Landlord had hired a licensed asbestos abatement contractor to do the small asbestos project and to file the proper notification of the work. Also, landlord had no prior violations within the last two years, and there was no proof of any deliberate or willful wrongdoing on landlord's part. So, the fine was waived.

City of New York v. Grunberg: ECB App. No. 13905 (5/19/93) [4-page document]