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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. AL 110723 RO
: DISTRICT RENT OFFICE
P. Zaccaro Co., Inc., DOCKET NO. Q 3118536 R
TENANT: Eli Abolafia
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 19, 1986, the above-named prior owner filed a
Petition for Administrative Review against an order issued on
November 14, 1986, by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known
as 68-12 138th Street, Flushing, New York, Apartment No. B,
wherein the Rent Administrator determined that the owner had
overcharged the tenant.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
warranted.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was originally commenced by the filing of a rent
overcharge complaint by the tenant on March 20, 1984. The
current owner was served with a copy of the tenant's complaint
and submitted a complete rental history as required.
In Docket Number Q 3118536 R, the Rent Administrator established
the lawful stabilized rent as $370.04 effective September 1, 1981
determined that the tenant had been overcharged and directed a
refund to the tenant of $158.50 including interest on overcharges
collected on and after April 1, 1984.
In this petition, the owner contends in substance that it was
merely the trustee appointed by the Union States Bankruptcy
Court. As such, it is contended that it is not liable for
overcharges for the period of April 1, 1980 to September 30, 1982
when it served in this capacity.
The Commissioner is of the opinion that this petition should be
denied.
Section 2520.6(i) of the Rent Stabilization Code defines the term
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owner. The section includes as an owner any person or entity
receiving or entitled to received rent for the use or occupation
of any housing accommodation, or an agent of the foregoing.
Clearly, the petitioner qualifies as an owner under this
definition. Neither the Rent Stabilization Law nor Code allows
for any specific exception from this definition for a trustee
appointed by the United States Bankruptcy Code.
Accordingly, the Rent Administrator's order was warranted.
The petitioner is liable for $30.11. This amount constitutes the
overcharges collected from April 1, 1980 through September 30,
1982 by the petitioner, P. Zaccaro Co., Inc.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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