Court Vacates Settlement After Landlord Renews Tenant's Lease

Landlord sued to evict elderly rent-stabilized tenant in 2009, claiming that tenant refused access to the apartment to exterminate bedbugs. Landlord and tenant signed a settlement agreement in court. Tenant agreed to give access but also agreed to move out in 2012. The agreement gave landlord a judgment of possession and an eviction warrant was issued. In 2012, tenant asked the court to vacate the settlement agreement. He was now represented by an attorney for the first time. Landlord argued that the settlement agreement was binding. The court ruled for tenant. Tenant signed the settlement agreement on the initial court date and didn't understand that he had defenses to the eviction petition. Tenant paid a low rent and had a low income. He had lived in the apartment for 33 years. And, in 2011, landlord had sent tenant a rent-stabilized renewal lease, which tenant signed and sent back. Landlord then sent tenant a fully executed renewal lease for a two-year period. Landlord also accepted increased rent payments from tenant under the terms of the renewal lease. The settlement agreement, judgment, and warrant were vacated.

Wilson Prop. Corp. v. Burda: Index No. L&T 098520/09, NYLJ No. 1202613858669 (Civ. Ct. Kings; 8/7/13; Finkelstein, J)