No Relationship Found Between Contractors

DEP issued a violation notice to landlord for failing to retain an independent third-party air monitoring firm in connection with an asbestos abatement project at landlord's building. Landlord denied the claim, but the ALJ found that the asbestos abatement contractor and the air monitor had a business relationship in violation of 15 RCNY Section 1-36(a). The ALJ fined landlord $4,800. Landlord appealed and won. Although independent reporting data showed that the two companies worked together on 67 percent of the abatement firm's asbestos projects, this didn't constitute "virtually all" of their projects. There was insufficient proof to show that the two companies had a personal or business relationship.

SP 555 Sixth LLC: ECB App. No. 1100735 (11/17/11) [4-pg. doc.]