Tenant Can Vacate Settlement Agreement

June 30, 2001

LVT Number: 15095

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant later got an attorney and asked the court to vacate the agreement. Tenant claimed that landlord misrepresented the rent regulatory status of the apartment. The court ruled for tenant. Landlord appealed and lost. There were serious questions about whether the apartment was rent stabilized and whether tenant was covered. And, since tenant didn't have an attorney when he signed the agreement, it was fair to set it aside.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant later got an attorney and asked the court to vacate the agreement. Tenant claimed that landlord misrepresented the rent regulatory status of the apartment. The court ruled for tenant. Landlord appealed and lost. There were serious questions about whether the apartment was rent stabilized and whether tenant was covered. And, since tenant didn't have an attorney when he signed the agreement, it was fair to set it aside.

RIAI Realty LLC v. Pena: NYLJ, 6/29/01, p. 19, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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