Tenant Can't Vacate Settlement Agreement

April 1, 2001

LVT Number: 14870

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court. After tenant didn't abide by the agreement, landlord asked the court to execute the eviction warrant. Tenant, in turn, asked the court to vacate the settlement agreement, judgment, and warrant. He claimed that the two-family house was an illegal multiple dwelling because there was a third basement apartment. An inspection showed an unoccupied basement unit with a kitchen and bathroom. The court ruled against tenant. Landlord's building was a de facto multiple dwelling.

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court. After tenant didn't abide by the agreement, landlord asked the court to execute the eviction warrant. Tenant, in turn, asked the court to vacate the settlement agreement, judgment, and warrant. He claimed that the two-family house was an illegal multiple dwelling because there was a third basement apartment. An inspection showed an unoccupied basement unit with a kitchen and bathroom. The court ruled against tenant. Landlord's building was a de facto multiple dwelling. But tenant had given up any defense when the case was settled and would be unjustly enriched if landlord couldn't evict him for nonpayment of rent. Landlord was directed to do what was needed to legalize the building.

Holder v. Williams: NYLJ, 3/28/01, p. 24, col. 5 (Civ. Ct. Kings; Marton, J)

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