Tenant Can Vacate Settlement Agreement

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, who didn't have an attorney, signed a settlement agreement approved by the court. Tenant later got an attorney and asked the court to vacate the agreement. Tenant claimed there were building violations during the period for which back rent was due, and that landlord's three-day rent demand violated the Federal Debt Collection Practices Act. The court ruled for tenant. Because of the violations, tenant had a defense under the Spiegel Law. And since landlord's rent demand was signed by its attorney, a 30-day demand was required under the FDCPA. Since tenant wasn't aware of his defenses when he signed the agreement, the court vacated it. The court then dismissed the case because landlord's notice violated the FDCPA.

Dearie v. Hunter: NYLJ, p. 31, col. 3 (7/8/98) (Civ. Ct. NY; Martino, J)