STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS. BF110231RO
P. Zaccaro Co., Inc., : DISTRICT RENT OFFICE
DOCKET NOS. Q3118875R
TENANT: Benny Brenner
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 24, 1987, the above-named prior owner filed a Petition for
Administrative Review against an order issued on June 12, 1987, by a
Rent Administrator, concerning the housing accommodations known as 66-17
Park Drive East, Kew Gardens, New York, Apartment No. A, wherein the
Rent Administrator determined that the owner 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
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 28, 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 A 3118875 R, the Rent Administrator determined that the
tenant had been overcharged and directed a refund to the tenant of
$727.73 including interest on overcharges collected on and after April
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 owner.
The section includes as an owner any person or entity receiving or
entitled to receive 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 $113.94. 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.
JOSEPH A. D'AGOSTA