Tenant Can Vacate Stipulation

May 31, 1996

LVT Number: 10642

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant agreed by stipulation to pay back rent. Tenant appeared in court without an attorney. Tenant later asked the court to vacate the stipulation. Tenant had obtained an attorney and claimed rent overcharge. Landlord claimed there was no rent overcharge, but tenant claimed that 1/40th improvements made to the apartment were actually repairs, so landlord wasn't entitled to collect a rent increase for the work.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant agreed by stipulation to pay back rent. Tenant appeared in court without an attorney. Tenant later asked the court to vacate the stipulation. Tenant had obtained an attorney and claimed rent overcharge. Landlord claimed there was no rent overcharge, but tenant claimed that 1/40th improvements made to the apartment were actually repairs, so landlord wasn't entitled to collect a rent increase for the work. The court vacated the stipulation and sent the case back for a hearing only on the issue of whether tenant's rent was the legal regulated rent.

Gardon v. Almonte: NYLJ, p. 28, col. 3 (5/29/96) (Civ. Ct. NY; Malatzky, J)

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