Settlement Agreement Vacated

February 1, 2003

LVT Number: 16396

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Shortly after, tenant asked the court to vacate the settlement agreement. Tenant had obtained a Report of Maximum Rent from the DHCR showing that the legal rent was less than that agreed upon in the settlement agreement. The court ruled for tenant. Landlord appealed and lost. Landlord and tenant couldn't legally agree to pay a rent higher than the statutory rent-controlled rent. So the court had properly vacated the settlement agreement.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Shortly after, tenant asked the court to vacate the settlement agreement. Tenant had obtained a Report of Maximum Rent from the DHCR showing that the legal rent was less than that agreed upon in the settlement agreement. The court ruled for tenant. Landlord appealed and lost. Landlord and tenant couldn't legally agree to pay a rent higher than the statutory rent-controlled rent. So the court had properly vacated the settlement agreement.

Chong King Enterprises, Inc. v. Nunez: NYLJ, 1/28/03, p. 18, col. 2 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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