Second Settlement Agreement Supersedes First

Landlord sued to evict tenant's daughter who claimed pass-on rights to tenant's apartment. Landlord and tenant's daughter signed a settlement agreement in court in August 2002. The daughter agreed to move out in February 2003, and execution of an eviction warrant was delayed until then. In September 2002, landlord started an administrative proceeding against tenant's daughter. In its notice, landlord identified the daughter as a tenant and claimed that she was nondesirable because she was using drugs in the building. Landlord and tenant signed a settlement agreement in October 2002, placing tenant on probation for five years. When tenant received an eviction notice several months later, she asked the court to stop the eviction based on the second settlement agreement. Landlord claimed that the second settlement agreement was a mistake and that the first settlement agreement was binding. The second settlement agreement also stated that it was subject to the approval of landlord's board, and landlord claimed that it hadn't been approved. The court ruled against landlord. The administrative settlement agreement superseded the prior court-ordered settlement agreement. The second settlement agreement stated that if the board didn't approve the agreement, landlord must reinstate the administrative proceeding and have a hearing. So landlord couldn't simply vacate the second settlement agreement. It must follow the procedure it set forth in its agreement.

NYCHA-Forest Houses v. Sellers: NYLJ, 12/10/03, p. 19, col. 1 (Civ. Ct. Bronx; Gonzalez, J)