Settlement Agreement Vacated

Landlord sued to evict tenant for nonpayment of rent. Tenant was elderly and not able to understand the case, so the court appointed a guardian for tenant. The guardian couldn't get funds from DSS or anywhere else to pay tenant's back rent. Landlord and tenant then signed a settlement agreement. Tenant agreed to move out, and landlord agreed to waive collection of the back rent owed for a year. The New York Foundation for Senior Citizens later asked the court to vacate the settlement agreement. That organization had previously been appointed as tenant's guardian. DSS had this information in its files but didn't find it when the court-appointed guardian sought assistance for tenant. Tenant's prior guardian showed that payments had been made to prior landlord, even after the building was sold to landlord in foreclosure. Landlord objected to vacating the settlement agreement. He claimed that tenant was a nuisance. The court ruled for tenant. Since tenant had a guardian already, that guardian had to be a party to any settlement agreement. And landlord must start an eviction action based on nuisance to raise that claim.

Obszanski v. Simon: NYLJ, 3/5/02, p. 25, col. 1 (Civ. Ct. Queens; Kramer, J)