Prior Settlement Didn't Bar Landlord's Owner-Occupancy Claim

April 30, 2011

LVT Number: #23369

Landlord sued to evict rent-stabilized tenant for owner-occupancy purposes. Tenant asked the court to dismiss the case. Landlord and tenant previously signed a settlement agreement concerning tenant's rent overcharge claim. That agreement stated that at the expiration of tenant's lease in 2009, tenant would have the option of a one- or two-year renewal lease based on appropriate rent guidelines. Tenant claimed that this agreement promised a renewal of tenant's lease. The court and appeals court ruled against tenant. The prior agreement merely settled tenant's overcharge claim.

Landlord sued to evict rent-stabilized tenant for owner-occupancy purposes. Tenant asked the court to dismiss the case. Landlord and tenant previously signed a settlement agreement concerning tenant's rent overcharge claim. That agreement stated that at the expiration of tenant's lease in 2009, tenant would have the option of a one- or two-year renewal lease based on appropriate rent guidelines. Tenant claimed that this agreement promised a renewal of tenant's lease. The court and appeals court ruled against tenant. The prior agreement merely settled tenant's overcharge claim. It didn't create a waiver of landlord's right of lease nonrenewal based on owner occupancy.

Zougras v. Solas: 2011 NY Slip Op 507801(U), 2011 WL 1672027 (App. T. 2 Dept.; Pesce, PJ, Weston, Golia, JJ)

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