Settlement Agreement Vacated

Landlord sued to evict Section 8 tenant for nonpayment of rent owed from January 2008 through May 2009. Landlord and tenant signed a settlement agreement in court. Landlord was given a judgment of possession, but eviction was stayed on condition that tenant pay $3,340 by July 3, 2009. Landlord also agreed that tenant could seek to reopen the case for good cause shown. On July 17, tenant asked the court for more time, and landlord agreed to give tenant until Aug. 17 to pay. Tenant later hired an attorney and asked the court to vacate the settlement agreement. Tenant now claimed that landlord discriminated against her based on source of income, which thwarted tenant’s efforts to pay the arrears. Tenant also claimed a rent overcharge, an improper rent demand, and an unreasonable delay in starting the nonpayment proceeding. The court ruled for tenant. Although not raised in the settlement agreement, landlord was on notice that tenant claimed that there were Section 8 discrepancies. Tenant didn’t have an attorney when she signed the settlement agreement and may have valid defenses to landlord’s nonpayment claim. The case was reopened for trial on the questions raised.

Persaud v. Jones: NYLJ, 6/9/10, p. 29, col. 1 (Civ. Ct. Bronx; Saunders, J)