Court Vacates Settlement Agreement as Too Harsh

November 21, 2014

LVT Number: #25864

Landlord sued to evict project-based Section 8 tenant based on illegal drug activity at tenant's apartment. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out. Tenant later asked the court to vacate the agreement. The court ruled for tenant. Tenant was illiterate, and the court didn't sufficiently explain the agreement to her before she signed it. The agreement was unduly harsh and unjust. Tenant had lived in the apartment for 28 years with her disabled son. Tenant's grandson was the one arrested for drug activity.

Landlord sued to evict project-based Section 8 tenant based on illegal drug activity at tenant's apartment. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out. Tenant later asked the court to vacate the agreement. The court ruled for tenant. Tenant was illiterate, and the court didn't sufficiently explain the agreement to her before she signed it. The agreement was unduly harsh and unjust. Tenant had lived in the apartment for 28 years with her disabled son. Tenant's grandson was the one arrested for drug activity. He didn't live in the apartment and was banned from visiting. 

Newport Gardens Assoc. v. McCoy: Index No. 104634/2013, NYLJ No. 1202675051932 (Civ. Ct. Kings; 10/3/14; Sikowitz, J)

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