Landlord Can't Be Penalized Twice for Same Condition

Facts: Landlord, the owner of one building, discovered an asbestos condition in his building. Landlord initially permitted the building superintendent to perform asbestos removal, which was dangerous and illegal. Landlord later had the asbestos removal properly completed by an accredited company. DEP issued three violation notices to landlord for the original improper asbestos removal. Landlord admitted his error at a hearing before ECB and paid $23,000 in fines. Two years later, landlord was indicted by the U.S. attorney for the same illegal asbestos removal. Landlord pleaded guilty and was fined $5,000. A year later, DOS issued four violation notices to landlord, again for the same illegal asbestos removal. Landlord faced further possible fines of a substantial amount in yet another hearing before ECB. Landlord sued DOS, asking the court to bar the agency from proceeding against him. Court: Landlord wins. To allow ECB to go forward with a second hearing, which would have definitely resulted in further fines, would constitute multiple punishments for the same offense. This would violate landlord's right against double jeopardy under both the Constitution and state law. Landlord had repeatedly admitted his mistake, paid for remedial work, and paid the fines imposed. He was 67 years old and posed no threat to society. Further fines would serve no remedial purpose.

Kaplan v. Doherty: NYLJ, p. 29, col. 6 (7/10/96) (Sup. Ct. NY; Schlesinger, J)