Rent-Controlled Tenant Can Vacate Stipulation

Landlord sued to evict tenant of a storefront. Landlord claimed that tenant's commercial lease had expired and that it didn't want to renew tenant's lease. Landlord and tenant stipulated in court that tenant would move out of the storefront and into a smaller studio apartment in the building for a lower rent. Tenant didn't have an attorney, and the judge didn't question whether tenant understood the stipulation. Tenant later asked the court to vacate the stipulation. Tenant was 77 years old and had lived in the back residential rooms behind the storefront for 40 years. In 1980 the Office of Rent Control had issued an order stating that the residential part of tenant's unit was subject to rent control. The court found that tenant clearly entered the stipulation with no understanding of her rights. The court vacated the stipulation and dismissed landlord's petition.

Komar, Keyvan & Anc v. Lipkin: NYLJ, p. 24, col. 3 (4/12/93) (Civ. Ct. NY; Omansky, J)