Summary
imputing the wrongdoing to the company
Summary of this case from Domus Arbiter Realty Corp. v. Bayrock Grp. LLCOpinion
October 22, 1991
Appeal from the Supreme Court, New York County [Bruce Wright, J.].
There is substantial evidence on this record to find that petitioners rented a rent stabilized apartment to a client at a rate above the 10% statutory limit in violation of New York State Emergency Tenant Protection Regulations (9 N.Y.CRR) § 2505.7, and accepted commissions thereon. The Department of State, following a hearing, determined that petitioners Short Term and Garcia were aware that the rent charged was illegal. Where a real estate company is aware that one of its agents demonstrated untrustworthiness and then accepts a portion of a brokerage fee, the wrongdoing is imputed to the company, and the determination to suspend the licenses and fine them until a commission is returned, is proper. (Partridge Real Estate Co. v. Cuomo, 69 A.D.2d 849.)
We have considered the other issues raised by petitioners and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Wallach and Kassal, JJ.