DEP Must Order Landlord to Install BPD Before a Violation Can Be Issued

DEP issued a violation notice to landlord for failing to install a backflow prevention device (BPD) at the building. Landlord claimed that he didn’t know this was a requirement. The ALJ ruled against landlord and fined him $700. Landlord appealed and won. Landlord testified that he didn’t know that the building required a BPD and never received any notice from DEP to install one before the violation was issued. And DEP failed to show that it sent a Commissioner’s order directing the installation. So, landlord wasn’t in violation of 15 RCNY 20-04(d), and the fine was revoked.

Nezaj Realty, LLC: ECB App. No. 1600363 (6/30/16) [1-pg. doc.]