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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/ ↗

Other Sections in This Document (169)

Full Text

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According to the apartment's original registration, as of August 11, 2014, 10D was registered as rent-stabilized from 1984 through 2009, with a tenant (Knight) residing in the apartment from 1987 through 2009. In 2010, the apartment was listed as exempt because of "High Rent Vacancy" and continued to be listed as exempt for the years 2011 to 2013. The landlord filed amended registrations in January 2015 listing 10D as rent-stabilized with plaintiffs as the tenants of record for the years 2011, 2012, and 2013. In February 2015, the landlord filed a further amended registration listing 10D as rent-stabilized in 2010 with Kane/Perera-Riveroll as tenants at a monthly rent of $2,800, and the notation "Vac/leas Imprvmnt." The landlord filed annual registrations in August 2015 and July 2016 which continued to list the unit as rent-stabilized with the same tenants for those registration years. Notably, the registrations contain information that directly contradicts Bogoni's affidavit in opposition to the motion. First, both the original and amended registrations list the legal regulated rent for the tenant immediately preceding plaintiffs' tenancy as $1,828.55; defendants assert in their affidavit that the legal regulated rent for this tenant was $2,321.11, which was over the deregulation threshold at the time. Additionally, both registrations list "Knight" as the tenant of record prior to plaintiffs' tenancy; however, defendants' affidavit states that "Jonathan Rosen" was the prior tenant. Furthermore, Bogoni contends that defendant was entitled to a 17% vacancy increase at the time plaintiffs moved into the subject apartment, resulting in an amount, that, by defendants' own calculations, was less than the legal regulated rent listed in the apartment's amended registration for 2010.