Tenant Can Vacate Stipulation

July 31, 1996

LVT Number: 10791

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant agreed by stipulation to pay rent. Tenant wasn't represented by an attorney. Tenant later asked the court to vacate the stipulation. The court ruled against tenant, and tenant appealed. The appeals court reversed, ruling for tenant and reopening the case. Tenant had obtained an attorney and claimed rent overcharge. DHCR records showed a $220 increase in the rent for tenant's apartment within one year. Landlord offered no explanation.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant agreed by stipulation to pay rent. Tenant wasn't represented by an attorney. Tenant later asked the court to vacate the stipulation. The court ruled against tenant, and tenant appealed. The appeals court reversed, ruling for tenant and reopening the case. Tenant had obtained an attorney and claimed rent overcharge. DHCR records showed a $220 increase in the rent for tenant's apartment within one year. Landlord offered no explanation. Tenant's overcharge claim also was timely, since it was made within four years of the claimed overcharge.

Ellis Ave. Corp. v. Diaz: NYLJ, p. 25, col. 3 (7/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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