Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)

Citation: Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Parent Document: Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Jurisdiction: New York (state)
Effective Date: 2023-10-03
Original Source: https://www.courtlistener.com/opinion/9430365/aras-v-b-u-realty-corp/ ↗

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Apartments 11B (Aras) and 8D (Lederer) were deregulated prior to the Court of Appeals' decision in Roberts, in 1997 and 2004, respectively. Aras and Lederer do not present any evidence that these "pre-Roberts" deregulations were premised on anything other than a misunderstanding of the law at that time. Moreover, these plaintiffs have not provided any evidence demonstrating that defendants' inaccurate amended registrations, filed after the commencement of this action and after the lookback period, "somehow affected the reliability of the actual rent [, the 'legal regulated rent',] plaintiffs paid on the base date" (Casey, 39 NY3d at 1107). The amended registration for apartment 11B lists the legal regulated rent, including Aras's rent, which generally comports with allowable increases and the rent that Aras actually paid. Aras, who is a real estate agent, does not contest the rents or increases listed on the registration from 2006 through 2017. Lederer similarly fails to challenge or even address defendants' calculations as it relates to legal rents and increases for apartment 8D. Accordingly, while the deregulations were improper, Aras and Lederer did not establish that they were fraudulent as a matter of law or even prima facie that the base date rent as to them was the product of a fraudulent scheme, such that the default formula applies (Regina, supra).

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