Settlement Agreement in Nonpayment Proceeding Vacated

April 27, 2017

LVT Number: #27638

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed. Shortly before the payment deadline, tenant asked the court to vacate the agreement or, alternatively, to at least delay eviction. Tenant wanted to allow time for processing by New York State of a Family Eviction Prevention Subsidy (FEPS). In addition, the DHCR had just issued an order reducing rents of rent-stabilized tenants at the building.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed. Shortly before the payment deadline, tenant asked the court to vacate the agreement or, alternatively, to at least delay eviction. Tenant wanted to allow time for processing by New York State of a Family Eviction Prevention Subsidy (FEPS). In addition, the DHCR had just issued an order reducing rents of rent-stabilized tenants at the building. The court ruled for tenant and vacated the settlement agreement since facts not before the court concerning the amount of tenant’s legal rent must be examined.

 

 

 
Highbridge House Ogden LLC v. Valle: Index No. 5473/2015, NYLJ No. 1202782196263 (Civ. Ct. Bronx; 2/22/17; Lutwak, J)

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