Landlord Claims Tenant Violated Settlement Agreement

Landlord NYCHA sued to evict tenant for her teenage son's behavior at the building. Landlord and tenant signed a settlement agreement in which tenant agreed that her son wouldn't live in the apartment. If he returned, even to visit, tenant would be subject to additional penalties. NYCHA later found that tenant had violated the settlement agreement by letting her son stay at the apartment. NYCHA ruled that tenant could be evicted. Tenant appealed NYCHA's ruling. The court and appeals court ruled for tenant. NYCHA's ruling was arbitrary and unreasonable. Tenant had let her son stay in the apartment one night when he was sick so that he could get to a nearby doctor's appointment the next morning. In addition, the settlement agreement didn't call for eviction if it was violated, and the criminal charge against tenant's son had been dismissed. The one-night return of tenant's son didn't affect the health or safety of other tenants.

Robinson v. Martinez: NYLJ, 9/18/03, p. 18, col. 3 (App. Div. 1 Dept.; Buckley, PJ, Tom, Sullivan, Marlow, JJ)