Court Papers Fatally Defective

Landlord sued to evict tenant based on a clutter condition in the apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by July 31, 2011, unless the apartment passed inspection on July 12, 2011. In that case, tenant would be allowed to stay until Aug. 31, 2011. Tenant later asked the court to vacate the settlement agreement, claiming that he hadn't understood the terms and that he was entitled to an accommodation for disability under the Fair Housing Act. The court ruled against tenant, who appealed and won. Landlord's petition stated only that tenant was decontrolled, but failed to state that the apartment was located in a building that received a project-based Section 8 subsidy. Since the petition failed to state the tenant's regulatory status, it was fatally defective and the settlement agreement and judgment must be revoked.

WC Park Properties Associates LP v. Williams: Index No. 2011-3176, NYLJ No. 1202589044935 (App. T. 2 Dept.; 2/21/13; Nicolai, PJ, Iannacci, LaSalle, JJ)