Landlord Didn't Comply with Settlement Terms

Landlord sued to evict unregulated tenant of a two-family house for nonpayment of rent. Landlord and tenant signed a settlement agreement that converted the case to a holdover proceeding. Tenant consented to entry of a judgment of possession, and execution of the warrant was stayed through Sept. 30, 2013.

Tenant later asked the court for more time to move out. He claimed that landlord refused to sign documents from HPD needed to help tenant transfer apartments. Landlord argued that it didn't sign the forms because it would require a representation that tenant was current with his rent payments and in compliance with all lease agreements. In November 2013, the court ordered landlord to sign the forms and to give tenant an extra month to move out, provided tenant paid use and occupancy.

Tenant later asked the court to hold landlord in contempt of court for failing to sign the Section 8 general release form. The court ruled against tenant, finding that it didn't have the power to hold landlord in contempt for this action. However, since landlord's refusal to sign the release form made it impossible for tenant to comply with the parties' settlement, the court vacated the stipulation, judgment, and warrant and sent the case back for trial on the original nonpayment proceeding.