Landlord Violated Tenant COVID-Era Protections

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant had no lease, and the apartment was located in a two-family dwelling. The termination notice stated that the apartment wasn't legal and that the unit wasn't subject to rent control or rent stabilization. In court, landlord and tenant signed a settlement agreement granting landlord a judgment of possession. Tenant later asked the court to vacate the stipulation. The court ruled for tenant. The court found that the stipulation was an impermissible waiver of fundamental COVID-19 pandemic era ERAP rights by a tenant who was unrepresented by an attorney at the time the stipulation was signed.

Rizq Properties Corp. v. Brooks: Index No. 333534/2022, NYLJ No. 1697088292 (Civ. Ct. Bronx; 9/15/23; Lutwak, J)