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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In view of Mr. Bogoni's sworn testimony that he was aware of the 2009 Roberts decision, the landlord's improper purported deregulation of 10D in 2010, the DHCR's August 2014 directive, the inconsistencies between the information reflected in the amended registrations and the assertions put forth in Bogoni's affidavit, the landlord's failure ever to offer these tenants a rent-stabilized lease or renewals on the statutorily required forms, and failure to even register 10D as rent-stabilized until 2015, I would find there are issues of fact requiring a trial as to whether the landlord engaged in fraud requiring application of the default formula. Apartment 11B (Aras)

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