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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According to the 2017 DHCR registration rent roll report (2017 DHCR rent roll) for the building, which is in the record, Apartment 2C was not registered with DHCR as of the date of commencement, November 18, 2014. In or about January 2015, the landlord filed retroactively amended DHCR registration statements listing Ms. Barish-Straus as a rent-stabilized tenant from 2008 through 2012.[FN15] Accordingly, I would find that the landlord's proffer of non-rent-stabilized leases for 2C and failure to register 2C at all until after commencement, despite defendant Bogoni's testimony in 2016 that he was aware at some time between 2009 and 2011 of his obligation to treat all tenants as rent-stabilized during the J-51 period, raises questions of fact requiring a trial as to whether the landlord engaged in a fraudulent scheme to deny Ms. Barish-Straus her rent stabilization rights as to 2C.

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