Settlement Agreement Binding

August 31, 2005

LVT Number: 18343

Landlord, an HDFC cooperative corporation, sued to evict tenant for nonpayment of rent. In its court papers, landlord stated that tenant's apartment was exempt from rent regulation. Tenant asked the court to dismiss the case because landlord misstated the apartment's status. The court ruled against tenant. Tenant appealed and won. In a prior nonpayment case, landlord and tenant signed a settlement agreement, and landlord gave tenant a two-year rent-stabilized lease. Although rent-stabilization status can't be created by waiver, it can be created by agreement.

Landlord, an HDFC cooperative corporation, sued to evict tenant for nonpayment of rent. In its court papers, landlord stated that tenant's apartment was exempt from rent regulation. Tenant asked the court to dismiss the case because landlord misstated the apartment's status. The court ruled against tenant. Tenant appealed and won. In a prior nonpayment case, landlord and tenant signed a settlement agreement, and landlord gave tenant a two-year rent-stabilized lease. Although rent-stabilization status can't be created by waiver, it can be created by agreement. Since landlord had agreed to give tenant rent-stabilization rights, tenant was rent stabilized at the time landlord started the new nonpayment case.

546 W. 156 St. HDFC v. Smalls: NYLJ, 8/8/05, p. 28, col. 3 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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