Settlement Agreement Vacated After Landlord Renewed Tenant's Lease

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenant to recover the apartment for owner's use. Landlord and tenant signed a settlement agreement in court. The agreement said that tenant would remain in his current apartment with no change in rent and then relocate to another apartment in the building when landlord notified tenant that another apartment was available. The new apartment would be unregulated and rented to tenant at a market rent. Eight months later, landlord sent tenant a rent-stabilized renewal lease for his current apartment. Tenant signed the renewal lease and paid the rent guidelines increase. A year later, landlord notified tenant that a new apartment was available. Tenant asked the court to vacate the settlement agreement. The court ruled that landlord had reinstated the tenancy by giving tenant the renewal lease.

Gazivoda v. Gorey: Index No. 111914/00 (Civ. Ct. NY 4/15/03; Schneider, J) [10-pg. doc.]