Managing Agent for 7A Administrator Liable

DEP gave a building's managing agent two violation notices for improper boiler operation. The managing agent, who was hired by the building's 7A Administrator, argued that DEP needed court permission before issuing violations for a 7A building. Managing agent loses. ECB found that the managing agent was properly served. Prior court permission isn't required when issuing a violation notice, either to a 7A Administrator or to a managing agent hired by the 7A Administrator. And, because the managing agent didn't defend the air-pollution charges in any way, the managing agent was fined $675.

City of New York v. David Bradley Mgmt.: ECB App. No. 16177 (3/16/94) [2-page document]