Tenant Can't Vacate Stipulation Setting Amount of Rent

Facts: When rent-stabilized tenant died, his estate surrendered the apartment to landlord. Tenant's roommate, though not a family member, claimed pass-on rights to the apartment and wouldn't move out. Landlord sued to evict roommate. Landlord and roommate signed a court-ordered stipulation in 1988. Landlord agreed to give roommate a rent-stabilized renewal lease, while roommate stated that her primary residence was in Scarsdale, N.Y. The agreed-upon rent was $1,800 per month. The roommate, now tenant, received proper lease renewals from landlord thereafter. In 1995 tenant sued landlord, claiming rent overcharge. Her monthly rent was now over $2,100. Tenant claimed the stipulation in the prior court case was invalid because it was signed under duress and violated the intent of the rent stabilization law. Court: Tenant loses. Tenant was represented by an attorney and waited seven years before claiming the stipulation was invalid. There was no fraud, and the $1,800 rent was negotiated. Tenant, who had no legal pass-on rights to prior tenant's apartment and stated that she had a primary residence elsewhere, was given a rent-stabilized lease. Tenant was also barred from challenging the rent set by the stipulation in 1988 because she didn't complain within four years, the statutory limit under the rent stabilization law.

Kent v. Bedford Apts.: NYLJ, p. 31, col. 5 (3/27/96) (Sup. Ct. NY; Ramos, J)