DEP Mold Remediation Violation Improperly Issued

DEP issued a violation notice to landlord for permitting mold remediation work to be performed at its residential building by an unlicensed person. Specifically, the violation notice was issued to the building's managing agent. At a hearing, landlord stated that the mold remediation work in question was done in October 2019, before landlord became the building's managing agent. The ALJ dismissed the violation, finding it was improperly issued to the managing agent.

DEP appealed and lost. The managing agent at this building wasn't the managing agent at the time the remediation work was performed. There also was no proof that the managing agent had any other prior relationship with the building. Therefore, it was improper to issue the violation notice to the managing agent.

DEP v. Hersh: ECB App. No. 2201143 (2/23/23)[3-pg. document]