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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I would find that there are questions of fact requiring a trial as to whether the landlord engaged in fraud requiring application of the default formula based on the following facts: (1) Mr. Bogoni's testimony that he knew of his obligations while receiving J-51 benefits as of 2009 or 2011 at the latest; (2) the landlord's failure to register 11B as rent-stabilized until 2014 and to offer Ms. Aras rent-stabilized leases until 2015, after the DHCR's August 2014 directive and after commencement; and (3) the landlord's request that Ms. Aras sign back-dated rent-stabilized leases and pay rent in two payments to two different recipients. Apartment 8D (Lederer)

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