Tenant Can Vacate Stipulation

April 1, 1993

LVT Number: 6903

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated to award possession to landlord without a money judgment. Tenant wasn't represented by an attorney. Tenant subsequently asked the court to vacate the judgment and eviction warrant. Tenant claimed that landlord had charged more than the legal rent permitted under tenant's Section 8 lease. Landlord also sued tenant for nonpayment of a portion of the rent to be paid by the Housing Authority. Tenant also claimed that there was a breach of the warranty of habitability.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated to award possession to landlord without a money judgment. Tenant wasn't represented by an attorney. Tenant subsequently asked the court to vacate the judgment and eviction warrant. Tenant claimed that landlord had charged more than the legal rent permitted under tenant's Section 8 lease. Landlord also sued tenant for nonpayment of a portion of the rent to be paid by the Housing Authority. Tenant also claimed that there was a breach of the warranty of habitability. Given landlord's acts and omissions, the court vacated the stipulation to avoid a harsh and unjust result.

Santos v. Hendrickson: Index No. SP4597-92 (12/4/92) (City Ct. Yonkers; Rabin, J) [4-page document]

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