Rent Collection Provision in Settlement Agreement Didn't Apply Permanently

January 1, 2004

LVT Number: 17061

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed that the building super would pick up tenant's rent checks. Tenant later asked the court to enforce this provision of the settlement agreement after landlord stopped picking up tenant's checks. The court ruled against tenant. Tenant appealed and lost. The provision applied only to specific back rent payments referred to in the settlement agreement. It didn't provide for a permanent arrangement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed that the building super would pick up tenant's rent checks. Tenant later asked the court to enforce this provision of the settlement agreement after landlord stopped picking up tenant's checks. The court ruled against tenant. Tenant appealed and lost. The provision applied only to specific back rent payments referred to in the settlement agreement. It didn't provide for a permanent arrangement. And housing court generally doesn't have the authority to direct actions such as those sought by tenant.

Lencal Realty Corp. v. Benn: NYLJ, 12/23/03, p. 30, col. 3 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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