Housing Court Doesn't Handle Commercial Tenant Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a stipulation agreement that was ``so ordered'' by the housing court. Tenant then asked the court to revoke the stipulation and the eviction warrant. Tenant was the net lessee of the building, which contained a commercial space and four residential apartments. Tenant claimed that the housing court had no authority to rule on the case. Tenant was entitled to raise this issue at this stage of the proceedings. The court revoked its judgment. Since tenant was a commercial tenant, the housing court had no authority to "so order'' a stipulation. But the court ruled that the stipulation itself was enforceable. Both landlord and tenant had signed it; it was a contract, and court approval wasn't required to make it valid.

Testa v. Deamicis: NYLJ, p. 29, col. 6 (6/16/93) (Civ. Ct. Queens; Spires, J)