Housing Court Had No Authority to Rule on Tenant's Motion for Unpaid Settlement Sum

August 21, 2016

LVT Number: #27158

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by Oct. 31, 2013. In return, landlord agreed to waive outstanding rent arrears and to pay tenant $20,000. Tenant failed to move out by Oct. 31, and was evicted on Nov. 25. Tenant then went back to housing court and asked the court to enforce the payment terms of the settlement agreement. Landlord argued that the housing court no longer had jurisdiction to hear tenant’s claim.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by Oct. 31, 2013. In return, landlord agreed to waive outstanding rent arrears and to pay tenant $20,000. Tenant failed to move out by Oct. 31, and was evicted on Nov. 25. Tenant then went back to housing court and asked the court to enforce the payment terms of the settlement agreement. Landlord argued that the housing court no longer had jurisdiction to hear tenant’s claim. The court ruled for tenant and awarded him $11,555 based on the fact that landlord had already made an $8,000 payment to tenant at the time the settlement agreement was signed.

Landlord appealed and won. The summary holdover proceeding had terminated and was no longer pending before the housing court following tenant’s eviction. Once the proceeding was terminated, housing court had no authority to entertain tenant’s motion for a money judgment. 

 

 

 
1472 Properties, LLC v. Solanki: 52 Misc.3d 139(A), 2016 NY Slip Op 51127(U) (App. T. 2 Dept.; 7/13/16; Pesce, PJ, Solomon, Elliot, JJ)

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