Landlord Can't Vacate Settlement Agreement

January 1, 2000

LVT Number: 13783

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed to reduce tenant's rent based on a DHCR order that exempted tenant from the portion of an MCI increase based on the installation of new windows. The DHCR had found that tenant's windows were defective. Landlord later asked the court to vacate the agreement, claiming it was a mistake. The court ruled against landlord. The DHCR order clearly exempted tenant from a portion of the MCI rent increase.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed to reduce tenant's rent based on a DHCR order that exempted tenant from the portion of an MCI increase based on the installation of new windows. The DHCR had found that tenant's windows were defective. Landlord later asked the court to vacate the agreement, claiming it was a mistake. The court ruled against landlord. The DHCR order clearly exempted tenant from a portion of the MCI rent increase. If landlord disputed the DHCR's ruling, it would have to appeal that order.

Ace Fenimore Realty Corp. v. Weeks: NYLJ, p. 34, col. 3 (12/22/99) (Civ. Ct. Kings; Pinckney, J)

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