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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The Court of Appeals has held that deregulation of rent stabilized units is not permitted during any period when the landlord is receiving J-51 benefits. It has further held that a landlord's violation of this rule prior to the Court of Appeals' 2009 ruling in Roberts v Tishman Speyer Props., L.P. (13 NY3d 270 [2009]) did not constitute fraud where the landlord was acting in reliance on erroneous DHCR guidance (id.; Regina, 35 NY3d at 356). The Court of Appeals has also noted that a landlord's deregulation of rent stabilized units while it was receiving J-51 benefits does not insulate it from a holding that it was engaged in a fraudulent scheme to deregulate (Regina, 35 NY3d at 361).

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