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 landlord has never offered [*24]Ms. Barish-Straus a rent-stabilized lease for either 2C or 9D. She states in her affidavit that she moved into Apartment 2C pursuant to a one-year non-rent-stabilized lease commencing April 2008. Despite Mr. Bogoni's admission that he was aware of his obligation to offer all tenants rent-stabilized leases by 2011, the landlord offered Ms. Barish-Straus an additional non-rent-stabilized lease for 2C in 2011. Ms. Barish-Straus states in her affidavit that in 2012 she moved out of Apartment 2C and into Apartment 9D because she could no longer afford to live in 2C, where the rent the landlord charged her was $5,086.94 per month. She later learned that the rent increases were improper, noting her receipt of Assemblymember O'Donnell's September 17, 2014 letter. She further states that, but for the landlord's misrepresentation to her that 2C was not subject to rent stabilization and the concomitant imposition of unlawful rent increases, she would have remained in 2C.

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