Tenant Can Vacate Settlement Agreement

February 1, 2001

LVT Number: 14733

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in which tenant agreed to pay $5,500 in back rent within one month. When tenant didn't do so, landlord asked the court to award a judgment. Tenant asked the court for a delay of entering a judgment or dismissal of the case under the Spiegel Law. The Spiegel Law gives tenant welfare recipients a defense in a nonpayment case if there are housing violations.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in which tenant agreed to pay $5,500 in back rent within one month. When tenant didn't do so, landlord asked the court to award a judgment. Tenant asked the court for a delay of entering a judgment or dismissal of the case under the Spiegel Law. The Spiegel Law gives tenant welfare recipients a defense in a nonpayment case if there are housing violations. The court ruled for tenant in part, vacated the settlement agreement, and restored the case to the court's calendar for further review.

Vanderveer Estates Holding LLC v. Nelson: NYLJ, 1/10/01, p. 30, col. 5 (Civ. Ct. Kings; Pinckney, J)

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