Rent-Stabilized Tenant Can Vacate Stipulation

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant, who wasn't represented by an attorney, entered into a stipulation with landlord in housing court providing for final judgment for nonpayment of rent. Tenant subsequently asked the court to vacate the stipulation. Tenant now had an attorney and was aware that she was being overcharged by landlord. Landlord had raised tenant's rent 100 percent over the rent paid by the prior tenant. The court found that even if landlord were given a rent increase for 1/40th of the cost of the improvements made to the apartment, landlord wasn't entitled to such a large increase. Given the illegal rent, tenant could vacate the stipulation.

Woltall Apartments v. Byrd: NYLJ, p. 26, col. 3 (4/2/93) (Civ. Ct. N.Y.; Wendt, J)