Court to Appoint 7A Administrator After Landlord Fails to Comply with Settlement Agreement

Tenants sued landlord, seeking appointment of an Article 7A administrator to manage their building. The case was settled in court in 2019 without appointment of a 7A administrator. Tenants went back to court some time later and claimed that landlord had breached the settlement agreement. They asked that the court: (a) appoint a 7A administrator; (b) find landlord in contempt; (c) find that landlord had harassed tenants; and (d) grant attorneys' fees and civil penalties.

The court ruled for tenants and granted appointment of the 7A administrator based on landlord's default on its obligations under the settlement agreement. Both sides had been represented by attorneys for that agreement, which was clear and unequivocal. Landlord also failed to raise any question of fact that would require a hearing on any issues raised in response to tenants' request. The court also found landlord to be in civil contempt of court but denied tenants' harassment claim.

Matter of Cordero: Index No. 1733/19, 2022 NY Slip Op 30967(U)(Civ. Ct. Kings; 4/4/22; Jimenez, J)