Section 8 Tenant Can Vacate Settlement Agreement

February 1, 2001

LVT Number: 14730

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed that there were needed repairs. Landlord and tenant then signed a settlement agreement in court by which tenant agreed to pay back rent. Tenant later asked the court to vacate the settlement stipulation and judgment. She didn't have an attorney and claimed that she had unknowingly waived her breach of warranty of habitability defense and hadn't understood the operation of the Section 8 subsidy. The court ruled for tenant, finding good cause to vacate the settlement agreement.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed that there were needed repairs. Landlord and tenant then signed a settlement agreement in court by which tenant agreed to pay back rent. Tenant later asked the court to vacate the settlement stipulation and judgment. She didn't have an attorney and claimed that she had unknowingly waived her breach of warranty of habitability defense and hadn't understood the operation of the Section 8 subsidy. The court ruled for tenant, finding good cause to vacate the settlement agreement.

Harem Realty v. Walker: NYLJ, 1/24/01, p. 29, col. 2 (Civ. Ct. Kings; Marton, J)

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