No Notice of Start of Lead Paint Abatement Work

August 31, 1997

LVT Number: 11772

DEP issued a violation notice to landlord for not filing a required notice 24 to 96 hours before starting lead paint abatement work at the building. Landlord claimed she never received the Health Department's order to abate the lead paint condition, which would have included the notice form. The ALJ ruled for landlord and dismissed the violation. DEP appealed, arguing that the Health Department wasn't required to send landlord the notice form. ECB ruled for DEP and fined landlord $450. The N.Y.C. Health Code doesn't require any agency to send landlord the notice form.

DEP issued a violation notice to landlord for not filing a required notice 24 to 96 hours before starting lead paint abatement work at the building. Landlord claimed she never received the Health Department's order to abate the lead paint condition, which would have included the notice form. The ALJ ruled for landlord and dismissed the violation. DEP appealed, arguing that the Health Department wasn't required to send landlord the notice form. ECB ruled for DEP and fined landlord $450. The N.Y.C. Health Code doesn't require any agency to send landlord the notice form. Landlord's failure to get one wasn't an excuse for not filing.

Smallwood: ECB App. No. 26133 (1/22/97) [2-page document]

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