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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Defendants admit that they overcharged the Menapaces, but claim this was error. They justify their calculation of the Menapaces' initial rent with allowable increases to the base date rent. However, the amended registration in the record sets forth inaccurate rent amounts—the legal regulated rent for the years 2014 and 2015 are listed as $2,906.64 and $2,935.71, respectively; while, as stated above, the Menapaces paid $4,200 and $4,242 in rent for those same years. Moreover, in the affidavit in opposition to plaintiff's motion and in the attached exhibit of calculations, defendants assert that the legal rent for the subject apartment at the commencement of plaintiffs' tenancy was $3,003.67, and $3,123.82 upon renewal, contrary to both the legal regulated rent reflected on the apartment's amended registration and the rents actually paid by plaintiffs. That defendants now claim an ability to calculate what the Menapaces' rent ought to have been is irrelevant at this posture given the conflicting evidence in the record.

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