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/ ↗

Full Text

767 chars

Accordingly, plaintiff-tenants should be able to demonstrate [*23]the elements of fraud with reference to themselves, the public as represented by DHCR, or both. Stated differently, it should be no bar that a fraudulent deregulation claim is supported by, for example, landlord misrepresentations in required DHCR filings or DHCR's reliance on the accuracy of the information contained in those filings. If the rule required that fraud be established strictly from the reference point of the tenant, that would place a perverse additional burden on individuals' attempts to merely secure housing, especially in the context of an affordable housing shortage that has been recognized as an emergency (RSL 26-501; see Regina, 35 NY3d at 395-396 [Wilson, J., dissenting])

Other Sections in This Document (169)

Full Text