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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As to apartments 11C and 1B, the landlord was permitted to set a market rent at the start of Arnot and Hirsch's and Panozzo and Maranto's initial leases (RSC 2522.3). These plaintiffs' only remedy was to file a Fair Market Rent Appeal with DHCR within four years of the commencement of their lease terms, which they did not do. Plaintiffs fail to establish that defendants acted fraudulently in setting the initial rent or when registering these units as rent-stabilized after the previous rent-controlled tenant vacated. Plaintiffs also failed to present any evidence of a prior tenancy. Contrary to these plaintiffs' arguments, the failure to include these apartments on the building's maximum base rent schedule does not, alone, establish fraud to deregulate or that another tenant subsequently occupied the apartments after the rent-controlled tenant. Accordingly, summary judgment as to these plaintiffs should have been denied.

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