Landlord Improperly Settled Nonpayment Case

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in December 2011, after sending tenant a rent demand in November 2011, even though tenant had died in October 2011. Landlord and tenant's daughter signed a settlement agreement in court by which she agreed to pay back rent owed. The daughter later obtained an attorney and asked the court to vacate the settlement agreement and dismiss the case. The court ruled for the daughter. Landlord argued that the daughter had freely agreed to be joined to the case and pay the back rent. But landlord started the case less than three months after tenant died, before any administrator or executor was appointed. This violated Real Property Actions and Proceedings Law Section 711(2), so the settlement was void. The daughter had agreed to pay back rent that she had no obligation to pay.

Dorchester Road Associates v. David: Index No. 108067/2011, NYLJ No. 1202560835344 (Civ. Ct. Kings; 6/4/12; Marton, J)