President of Corporate Landlord Not Liable for Violation

DEP issued a violation notice to landlord on three asbestos-related charges. Landlord protested. The ALJ dismissed the third charge, but otherwise ruled against landlord and fined him $2,000. Landlord appealed. Landlord was named individually in the violation notice. But, landlord pointed out that the building was owned by a corporation; landlord was merely the corporation president. ECB ruled for landlord. Asbestos regulations define a building owner as whoever holds legal title. So, landlord isn't the owner of the building.

City of New York v. Friedman: ECB App. No. 10235 (4/28/93) [2-page document]