Tenant Without Attorney Can Vacate Settlement Agreement

April 30, 2001

LVT Number: 14948

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement. Tenant had learned that he was rent stabilized. Landlord had never registered the building with the DHCR and never given tenant a rent-stabilized lease. The court ruled for tenant. Tenant didn't have an attorney when he signed the agreement. It would be unjust to enforce the agreement. Doing so would encourage landlords to evade the Rent Stabilization Law and would make the court a party to landlord's actions.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement. Tenant had learned that he was rent stabilized. Landlord had never registered the building with the DHCR and never given tenant a rent-stabilized lease. The court ruled for tenant. Tenant didn't have an attorney when he signed the agreement. It would be unjust to enforce the agreement. Doing so would encourage landlords to evade the Rent Stabilization Law and would make the court a party to landlord's actions.

716 Lefferts, LLC v. Goldstock: NYLJ, 4/25/01, p. 22, col. 6 (Civ. Ct. Kings; Jimenez, J)

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