Tenant Had No Attorney When She Signed Settlement Agreement

September 30, 2003

LVT Number: 16869

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in which tenant agreed to pay back rent. Tenant later asked the court to vacate the settlement agreement. The court ruled for tenant. Landlord appealed and lost. Tenant didn't have an attorney when she signed the settlement agreement. Tenant later showed that she had defenses to the nonpayment petition. She claimed breach of the warranty of habitability and rent overcharge.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in which tenant agreed to pay back rent. Tenant later asked the court to vacate the settlement agreement. The court ruled for tenant. Landlord appealed and lost. Tenant didn't have an attorney when she signed the settlement agreement. Tenant later showed that she had defenses to the nonpayment petition. She claimed breach of the warranty of habitability and rent overcharge. The court could vacate the settlement agreement and reopen the case so that tenant could defend on the merits.

Striver 140 LLC v. Cruz: NYLJ, 9/23/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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