Tenant Can't Vacate Settlement Agreement

January 1, 2008

LVT Number: #20092

Landlord NYCHA held an administrative hearing on a claim that tenant chronically paid rent late. After the hearing landlord ruled that tenant could be evicted. Landlord then sued to evict tenant in housing court. Landlord and tenant signed a settlement stipulation, agreeing to a judgment in landlord's favor. Eviction was delayed for three months on the condition that tenant pay her back rent and monthly use and occupancy fees during the delay period. Tenant failed to make the required payments and asked the court to vacate the judgment. The court ruled against tenant.

Landlord NYCHA held an administrative hearing on a claim that tenant chronically paid rent late. After the hearing landlord ruled that tenant could be evicted. Landlord then sued to evict tenant in housing court. Landlord and tenant signed a settlement stipulation, agreeing to a judgment in landlord's favor. Eviction was delayed for three months on the condition that tenant pay her back rent and monthly use and occupancy fees during the delay period. Tenant failed to make the required payments and asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed and lost. Tenant didn't claim there was anything improper in the terms of the settlement agreement or in the court proceedings. Tenant now challenged the amount of rent due. But this didn't matter. NYCHA had ruled that tenant could be evicted for chronic nonpayment of rent. Tenant couldn't attack NYCHA's decision indirectly in the eviction proceeding.

NYCHA FHA Repossessed Houses v. Dunn: NYLJ, 12/11/07, p. 37, col. 6 (App. T 2 Dept.; Weston Patterson, JP, Golia, Belen, JJ)

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