Landlord Must Give DEC Access to Inspect Property for CVOC
LVT Number: #31117
The NY State Dept. of Environmental Conservation (DEC) sued landlord to obtain access to landlord's building and property in order to inspect and investigate for chlorinated volatile organic compound (CVOC) contamination. A neighboring property was contaminated with CVOCs, which were either disposed there or migrated there. CVOCs were a hazardous waste and a groundwater contaminant, and landlord's property was directly across the street from the contaminated neighboring site. Landlord asked the court to dismiss the case.
The court ruled against landlord, and for DEC. DEC showed that landlord's property may have been the site of the disposal or discharge of the CVOCs based on undisputed findings resulting from investigations in and around the property. By law, DEC had authority to access, enter, and inspect landlord's property because DEC reasonably suspected that the property was a source of CVOC contamination.
State of New York v. 735 Bedford LLC: Index No. 503400/2020, 2020 NY Slip Op 20307 (Sup. Ct. Kings; 11/19/20; Landicino, J)