Tenant Can Vacate Settlement Agreement

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. They agreed to convert the nonpayment case to a holdover, and tenant agreed to surrender his rent-stabilized apartment in return for a two-month delay in execution of the eviction warrant. Tenant later asked the court to vacate the settlement agreement. The court ruled for tenant. Landlord appealed and lost. Tenant wasn't represented by an attorney and unknowingly waived defenses of breach of the warranty of habitability, improper rent demand, and landlord delay in starting the case. Tenant had lived in the apartment for 21 years and paid $242 per month in rent. Tenant also showed that he signed the agreement based on landlord's representation that he would help tenant in relocating to senior or public housing. Landlord didn't follow through on this offer.

Schaffer Holding LLC v. Fleming: NYLJ, 12/24/03, p. 31, col. 5 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)