Landlord Didn't Comply with Settlement Agreement

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent, and landlord agreed to inspect and make certain repairs in the apartment within 30 days. Tenant later asked the court to vacate the agreement and warrant. He had now obtained an attorney and claimed that he unknowingly waived defenses he had to the nonpayment claim. Among other things, tenant received Section 8 benefits, but the petition didn't mention this and landlord didn't notify NYCHA of the nonpayment case. Tenant also claimed that landlord didn't make the agreed-to repairs. Court: The court ruled for tenant and dismissed the case. NYCHA and HPD inspections showed that the oven didn't work at all; the refrigerator didn't cool and was leaking; there was no cold water in the bathtub; there was a cracked ceiling in the hallway and holes in the wall; there was no carbon monoxide detector; and kitchen floor tiles were missing. Landlord now claimed that tenant caused the conditions, but landlord should have raised this issue with NYCHA and couldn't do so now in court.

Cashmere Realty Corp. v. Hersi: NYLJ, 12/28/05, p. 19, col. 3 (Civ. Ct. NY; Lau, J)