Tenant Can Vacate Settlement Agreement

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had lived in the apartment for 19 years and claimed repairs were needed. Landlord and tenant signed a settlement agreement in court that converted the nonpayment proceeding to a holdover. Landlord waived all claimed rent due and owing through June 2014, tenant agreed to move out, and a judgment and warrant were issued and stayed through June 10, 2014. Tenant later asked the court to vacate the agreement. The court ruled for tenant and reopened the case, on condition that tenant deposit the $9,400 in back rent waived under the agreement into court. The agreement had given tenant 10 months to move out, but tenant sought revocation of the agreement not long after signing it so hadn't yet received much benefit from it. The rent deposit would protect landlord while tenant raised her claims of breach of the warranty of habitability at trial.

275-277 Realty LLC v. Harris: Index No. 60007/2013, NYLJ No. 1202656685859 (Civ. Ct. Kings; 5/14/14; Marton, J)