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 facts of Casey, as discussed in detail in the trial court and Appellate Division opinions, place it in line with the classic Roberts scenario. In Casey, the landlord, consistent with then DHCR guidance, had deregulated 78 rent-stabilized apartments while receiving J-51 benefits. Approximately one month after this Court issued its opinion in Gersten establishing that Roberts applies retroactively, and before the tenants in Casey commenced their overcharge action, the landlord sent a letter to the tenants acknowledging that their apartments had been deregulated in error and that the rent registrations for their apartments would be amended and any overcharges reimbursed. The landlord also notified tenants that if the rent they paid was lower than the registered rent, they would be permitted to continue to pay the lower sum as a "preferential rent." The tenants then commenced an overcharge action in October 2011. In early 2012, consistent with its earlier notices to the tenants, the landlord filed retroactive registrations listing the formerly deregulated apartments as rent-stabilized (Casey v Whitehouse Estates, Inc., 197 AD3d 401, 402 [1st Dept 2021], revd 39 NY3d 1104 [2023]; see also 197 AD3d at 406-408 [Gische, J., dissenting]).

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