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 majority, however, relies on Casey's statement that "[f]or purposes of calculating overcharges, where it is possible to determine the rent 'actually charged on the base date' . . . that amount should be used and rent increases legally available to defendants pursuant to the [RSL] during the four-year period should be added" (39 NY3d at 1107, quoting Regina, 35 NY3d at 355-356). The majority thus appears to suggest that among the relevant considerations in determining whether to apply the default formula is whether "the amount paid on the base date is known." This proposition is not supported by Casey.

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