Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
160560/22
Slip Opinion Number
2024 NY Slip Op 06149
Petitioner
Jairo Barros et al.
Respondent
Bokonos 243, LLC
Judge
Adams, Suzanne J.
Decision/Order Date
2024-12-10
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Tenant alleged fraudulent deregulation of their apartments by landlord’s predecessor through false claims of individual apartment improvements (IAIs) in 2007 and 2008, resulting in unlawful rent increases. The court held that these allegations, if proven, established a fraudulent scheme under precedent. Landlord's argument of no liability due to pre-purchase due diligence was deemed a fact-laden defense unsuitable for resolution at the pleading stage. The motion to dismiss was denied, with costs awarded to the tenant.
Recommended Citation
"Barros v Bokonos 243, LLC" (2024). All Decisions. 1705.
https://ir.lawnet.fordham.edu/housing_court_all/1705
