Case Type
Rent Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
161448/14
Slip Opinion Number
2026 NY Slip Op 04983
Petitioner
Leisa Aras, et al.
Respondent
B-U Realty Corp., et al.
Judge
Kennedy, Tanya R.; Scarpulla, Saliann; Gesmer, Ellen; Rodriguez, Julio III; Pitt-Burke, Bahaati E.
Decision/Order Date
2026-08-13
Posture
Post-Judgment Motion by Tenant
Disposition
Reversed for Tenant
Winner
Tenant Substantially Won
Synopsis
On remittitur from the Court of Appeals, the Appellate Division First Department addressed the standard for the fraud exception to the four-year lookback rule for rent overcharge claims. The court held that both the common-law standard as refined by Burrows v. 75-25 153rd St. (2025) and the legislature's 2024 statutory 'totality of circumstances' standard for fraudulent deregulation must be applied together, reversing and remanding to Supreme Court.
Keywords
Applying Court of Appeals' Burrows Decision on Fraudulent Deregulation/Overcharge; Supreme Court Directed to Apply Both Common Law Fraud Pleading Standard as Modified by Burrows and the 2024 Legislative "Totality of Circumstances" Standard
Recommended Citation
"Aras v. B-U Realty Corp." (2026). All Decisions. 2379.
https://ir.lawnet.fordham.edu/housing_court_all/2379
