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B-249075 1 (1992-09-16)

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        General
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U'. . Customs
Authority of


Service--Claim of the Port
New York and New Jersey


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W DIGEST


B-249075


September 16, 1992


f The Port Authority of New York and New Jersey may be paid on
;a quantum meruit basis for the Customs Service's use of real
[42. property without a written lease, since Customs could
   properly have acquired a lease, it received and accepted the
   tbenefit of the use of the real property, the Port Authority
   cted in good faith, and the amounts claimed represent the
   reasonable value of the rent.


   - DECISION

   fthe United States Customs Service requests authorization to
   dpay the claimant, the Port Authority of New York and New
   IJersey, for rent payments in the amount of $26,705 per month
   -for the months of October 1990 through August 31, 1992, for
   1Ipace occupied in Building 88 at John F. Kennedy
   Sfrnternaionai Airport, Jamaica, New York. For the reasons
   indcated below, we conclude that the Port Authority is
   W- entitled to recover the amounts claimed on a quantum meruit
;0. basis.


BACKGROUND


Until 1986, all personnel of the U.S. Customs Service at
Kennedy were housed in Building 80.    In 1986, the General
Services Administration (GSA) and the Port Authority
concluded negotiations for new space for Customs. The only
available space at the airport was Building 178. However,
the building could not house all Customs personnel, so
Customs asked GSA to retain space in Building 80 for the
Contraband Enforcement Team (CET), the firearms unit, and
Warehouse storage.

In addition, GSA sought to obtain space for Customs in
Building 88 from Hudson General Corporation, which leased
that building from the Port Authority for a Centralized
Container Examination Facility. When Hudson General


Our Claims Group, General Government Division, forwarded
its Claim No. Z-2867819 to this Office


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