No Access to DEP Inspector

DEP issued a violation notice to landlord for not allowing its inspector access to the building after filing an asbestos abatement project. The inspector testified that she waited 10 to 15 minutes for access to the building, but the super didn't respond to the buzzer. Also, there was no sign in the lobby that the managing agent was in the building. The ALJ ruled against landlord and fined it $2,200. Landlord appealed, claiming that the inspector didn't make a reasonable attempt to get access. ECB ruled against landlord. The DEP inspector made a reasonable attempt to gain access to the building while the asbestos abatement was in progress.

Brite Apts. Co.: ECB App. No. 33818 (8/9/00) [4-pg. doc.]