Court Vacates Settlement Agreement Tenants Signed Without Interpreter

May 28, 2018

LVT Number: #28412

Landlord sued to evict rent-stabilized tenants for creating a nuisance. On the first court date, tenants and landlord signed a settlement agreement by which tenants agreed to move out. Tenants later asked the court to vacate the settlement agreement. They weren't represented by an attorney, had potential meritorious defense, and weren't given a Bengali interpreter's assistance in court. Landlord pointed out that tenants didn't request an interpreter and that the court reviewed the agreement with them before accepting it.

Landlord sued to evict rent-stabilized tenants for creating a nuisance. On the first court date, tenants and landlord signed a settlement agreement by which tenants agreed to move out. Tenants later asked the court to vacate the settlement agreement. They weren't represented by an attorney, had potential meritorious defense, and weren't given a Bengali interpreter's assistance in court. Landlord pointed out that tenants didn't request an interpreter and that the court reviewed the agreement with them before accepting it. The court ruled for tenants since they may not have understood the consequences of giving up a rent-stabilized tenancy on the first court date. The case was reopened.

Harbor Gardens Assocs. v. Alam: Index No, 52949/17, NYLJ No. 1524383578 (Civ. Ct. Richmond; 4/6/18; Mundy, J)

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