Settlement Agreement Vacated Due to Missing Signature

Landlord sued to evict rent-stabilized tenant based on nonpayment of rent. Landlord claimed that tenant owed $5,135 through December 2008, at a monthly rent of $2,205. Tenant claimed that he had made partial payment and that there was a breach of the warranty of habitability. Landlord and tenant signed a settlement agreement in court in early 2009. Tenant agreed to pay $7,840 in rent arrears over time at a rate of $500 per month. In April 2011, tenant asked the court to vacate the settlement agreement. The court refused, finding that tenant waited too long. But the court said tenant could file an overcharge complaint with the DHCR. Shortly thereafter, landlord asked the court for a judgment and eviction warrant, claiming that tenant had defaulted on payment. The court ruled against landlord because the copy of the settlement agreement attached to landlord’s motion wasn’t signed. Landlord made a second request, tenant raised his overcharge claim again, and the settlement agreement was vacated because the original copy in the court file wasn’t signed by tenant. A trial then was held. Landlord proved that there was no overcharge. The legal rent was $2,100 per month, and tenant now owed $30,000. Although tenant claimed in his answer to the petition that repairs were needed, at trial he stated that the apartment was in good condition and that landlord responded to repair requests. The court granted judgment to landlord with the warrant delayed five days for payment.

St. Marks Place Associates v. Scott: 36 Misc.3d 1238(A) (Civ. Ct. NY Co.; Kraus, J)