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 disagree with the motion court and with the majority that we may find that the landlord did not engage in a fraudulent scheme with regard to Apartment 11C; that tenants Arnot and Hirsch, who moved in in August 2013, were the first tenants to occupy Apartment 11C after the last rent controlled tenant moved out; that their sole remedy was to file a fair market rent appeal (FMRA) within four years of commencement of their tenancy pursuant to 9 NYCRR 2522.3; and that, because they failed to do so, their request for summary judgment on their overcharge claim should be denied. I would find that there are questions of fact as to whether the landlord committed fraud such that the default formula should be applied.

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