Tenant Can't Vacate Judgment in Nonpayment Case

January 11, 2012

LVT Number: #23860

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $7,600 in back rent by a certain date. Later, tenant asked to vacate the judgment, claiming that she needed more time to seek emergency rent payment assistance. She also had a pending appeal against NYCHA, claiming that the rent charged was incorrect. The court ruled against tenant, who appealed and lost. Tenant now claimed that she signed the settlement agreement under duress and that there were conditions in her apartment requiring a rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $7,600 in back rent by a certain date. Later, tenant asked to vacate the judgment, claiming that she needed more time to seek emergency rent payment assistance. She also had a pending appeal against NYCHA, claiming that the rent charged was incorrect. The court ruled against tenant, who appealed and lost. Tenant now claimed that she signed the settlement agreement under duress and that there were conditions in her apartment requiring a rent abatement. But tenant didn't raise these claims in housing court.

Semen v. Dor: NYLJ, 12/15/11, p. 26, col. 2 (App. T. 2 Dept.; Rios, JP, Weston, Golia, JJ)

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