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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Footnote 15: According to the 2017 DHCR rent roll, Apartment 2C was registered as "permanently exempt" due to "high rent vacancy" in 1998. The landlord filed retroactive registration statements for 2C in 2015 listing the apartment as "temporarily exempt" due to "comm/prof (no c/o)"; "vacant" for the years 2004 through 2006; rent stabilized with a monthly "legal regulated rent" starting at $4,695 in 2007; and with Ms. Barish-Straus as the rent stabilized tenant for the years 2008 through 2012. The majority argues that there is no evidence that the landlord's deregulation of 2C in 1998 was fraudulent. However, this fact leads to the conclusion that 2C is not a "classic" Roberts deregulation, since Roberts dealt only with landlords who deregulated apartments while receiving J-51 benefits and relying on DHCR guidance that it was appropriate to do so where an apartment was subject to rent stabilization "solely" as a consequence of the landlord's receipt of J-51 benefits. Roberts did not deal with situations where the landlord failed to return a previously deregulated unit to rent stabilization during the J-51 period.

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