41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)

Citation: 41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Parent Document: 41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-06-11
Original Source: https://www.courtlistener.com/opinion/9687483/41-47-nick-llc-v-odumosu/ ↗

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In Grimm, the Court espoused that fraud could be determined from "evidence of [the] landlord's fraudulent deregulation scheme to remove an apartment from the protections of rent stabilization." (Grimm, 15 NY3d at 367.) Grimm, quoting Thornton, defined the default formula as "the lowest rent charged for a rent-stabilized apartment with the same number of rooms in the same building on the relevant base date." (Grimm, 15 NY3d at 366, n 1.) In 2013, DHCR amended Section 2522.6 of the Rent Stabilization Code, to state that when, inter alia, the base date rent "is the product of a fraudulent scheme to deregulate the apartment,"[FN14]
the base date rent is to be "established at the lowest of" four different options, including "the lowest rent registered for a comparable apartment in the building in effect on the date the complaining tenant first occupied the apartment . . . ." (9 NYCRR 2522.6 [b] [3] [i].) [FN15]
,[FN16]

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