Incomplete Notice Form Submitted

The DEP issued a violation notice to landlord for submitting an incomplete notification form under asbestos control program rules. The form stated that the work wasn't an asbestos project. The form didn't specify the estimated starting and completion dates of the planned work, the name of the investigator who conducted the asbestos investigation, or the date of the investigation. Landlord showed that it was tenant who'd contracted for the investigation and renovation work. Still, the ALJ fined landlord $1,000, and landlord appealed. The ECB ruled against landlord. Asbestos program rules hold landlord responsible for filing a completed notification form before building renovations begin. This rule applies even when tenant contracts for the work.

City of New York v. Kaplan: ECB App. No. 15504 (8/11/93) [3-page document]