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

713 chars

I would find that the following facts as to 9D raise questions of fact requiring a trial as to whether the landlord engaged in a fraudulent scheme tainting the registered base date rent, thus requiring application of the default formula: (1) the landlord's purported deregulation of 9D in 2012; (2) its failure to register 9D as rent-stabilized until October 27, 2014, despite Mr. Bogoni's testimony that he knew at least as early as 2009 and no later than 2011 of his obligation to do so; (3) the landlord's registration of 9D as rent stabilized only after the DHCR specifically directed him to do so despite this admission; and (4) the landlord's failure ever to offer Ms. Barish-Straus a rent-stabilized lease.

Other Sections in This Document (169)

Full Text