Tenant Can Vacate Stipulation

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that eviction would be delayed on the condition that tenant pay back rent due. Tenant later got an attorney and asked that the stipulation be vacated. Tenant claimed that there were mathematical errors in the stipulation regarding the amount owed. Tenant also claimed landlord had collected a rent overcharge by not registering the apartment with the DHCR and not reducing tenant's rent in accordance with a DHCR order based on reduction in services. Court: Tenant wins. Tenant signed the stipulation without understanding his rights and defenses. Landlord didn't dispute that there were mathematical errors in the stipulation. This alone was a reason to vacate the stipulation. The errors weren't minor. In addition, tenant can't give up protections of the Rent Stabilization law. The stipulation should have incorporated the rent reduction order which was issued several months before the stipulation was signed. And landlord's failure to register the apartment required a rent freeze to an amount below that which was agreed to in the stipulation.

Aston-Jones Mgmt. Co. v. Campbell: NYLJ, p. 30, col. 3 (5/21/97) (Civ. Ct. NY; Wendt, J)