Settlement Agreement Vacated Based on Tenant’s Defense in Nonpayment Case

March 23, 2016

LVT Number: #26783

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay the back rent claimed by landlord. Later, tenant got an attorney and asked the court to vacate the settlement agreement. The court ruled against tenant, who appealed and won. Tenant showed she had an arguably meritorious rent overcharge claim. Landlord had increased rent 88 percent over prior tenant’s rent when tenant moved into the apartment in 2014. The settlement agreement was vacated, the case reopened, and tenant could amend her answer.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay the back rent claimed by landlord. Later, tenant got an attorney and asked the court to vacate the settlement agreement. The court ruled against tenant, who appealed and won. Tenant showed she had an arguably meritorious rent overcharge claim. Landlord had increased rent 88 percent over prior tenant’s rent when tenant moved into the apartment in 2014. The settlement agreement was vacated, the case reopened, and tenant could amend her answer. Tenant also could conduct pretrial questioning of landlord’s claim that it performed individual apartment improvements that justified the $890 rent increase.

 

 

2701 Grand Association LLC v. Morel: 50 Misc.3d 139(A), 2016 NY Slip Op 50163(U) (App. T. 1 Dept.; 2/17/16; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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