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305 RIVERSIDE CORP., pet-land-app, v. THOMAS SANDLOW AND JOAN NEAL SANDLOW, res-tent-res

16-274. 305 RIVERSIDE CORP., pet-land-app, v. THOMAS SANDLOW AND JOAN NEAL SANDLOW, res-tent-res — Order (Jack Stoller, J.), dated March 14, 2016, affirmed, with $10 costs.

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16-274. 305 RIVERSIDE CORP., pet-land-app, v. THOMAS SANDLOW AND JOAN NEAL SANDLOW, res-tent-res — Order (Jack Stoller, J.), dated March 14, 2016, affirmed, with $10 costs.

Landlord’s motion for summary judgment was properly denied. The record presents triable issues as to “whether a fraudulent scheme to destabilize the apartment tainted the reliability of the rent on the base date” (Meyers v. Four Thirty Realty, 127 AD3d 501, 502 [2015], quoting Matter of Grimm v. State of N.Y. Div. of Hous. & Community Renewal Off. of Rent Admin., 15 NY3d 358, 367 [2010]). As the motion court found, landlord increased the 1997 rent of $1,551.40 to over $8,000 in subsequent years, offered tenant Thomas Sandlow a free market lease in 2005, at a rent of $8,750, while landlord was receiving J-51 tax benefits and failed to file annual rent registration statements for the first several years of the tenancy (see Altschuler v. Jobman 478/480, LLC, 135 AD3d 439 [2016], lv dismissed 28 NY3d 945 [2016]; 72A Realty Assoc. v. Lucas, 101 AD3d 401 [2012]). On these facts, the motion court properly declined, at this early stage of the proceeding, to determine the base date rent (see Meyers v. Four Thirty Realty, 127 AD3d at 502).

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