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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With respect to Gladstone and Campana, apartment 10B was deregulated in 1998, pre-Roberts,and plaintiffs do not contend that the deregulation was fraudulent. Moreover, defendants were entitled to charge a market rent when plaintiffs entered into their initial lease for 10B since the building was not in receipt of J51 benefits at that time and there is no evidence that the initial base date rent was impermissible. Thus, these plaintiffs have not established that they were overcharged on their initial lease. However, the motion court [*7]properly held the motion in abeyance pending further submissions as to the appropriate rent increases with respect to apartment 10B to determine whether there was an overcharge in connection with the renewal leases.

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