Petition Didn't State Tenant's Section 8 Status

January 1, 1999

LVT Number: 12904

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, in which tenant agreed to move out and landlord agreed to give up collecting both back and future rent due. Tenant later got an attorney and asked the court to vacate the settlement agreement because landlord hadn't stated in its petition that tenant was subject to Section 8. Landlord argued that this didn't matter. The court ruled for tenant, vacated the settlement agreement, and dismissed the petition.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, in which tenant agreed to move out and landlord agreed to give up collecting both back and future rent due. Tenant later got an attorney and asked the court to vacate the settlement agreement because landlord hadn't stated in its petition that tenant was subject to Section 8. Landlord argued that this didn't matter. The court ruled for tenant, vacated the settlement agreement, and dismissed the petition. Failure to state tenant's Section 8 status was a serious defect in the petition. And, since tenant was subject to Section 8, her portion of the $800 monthly rent was only $26. So in the settlement agreement landlord was giving up only the collection of $26 per month from tenant. Tenant may not have understood this when she signed the settlement agreement.

2114 Realty, LLC v. Carrington: NYLJ, p. 24, col. 4 (12/16/98) (Civ. Ct. Kings; Thomas, J)

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