Tenant Can't Vacate Settlement Agreement

September 30, 2001

LVT Number: 15310

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent within two months. Tenant later asked the court to vacate the settlement agreement. Tenant now claimed that landlord should have gotten certification from NYCHA before starting the case and that landlord waited too long to sue tenant for nonpayment. The court ruled against tenant. Tenant wasn't getting Section 8 benefits when landlord started the court case. So no certification was needed.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent within two months. Tenant later asked the court to vacate the settlement agreement. Tenant now claimed that landlord should have gotten certification from NYCHA before starting the case and that landlord waited too long to sue tenant for nonpayment. The court ruled against tenant. Tenant wasn't getting Section 8 benefits when landlord started the court case. So no certification was needed. And landlord waited to start legal action against tenant because it believed that tenant would be getting Section 8 benefits.

Vanderveer Estates Holding, LLC v. Brown: NYLJ, 9/5/01, p. 20, col. 1 (Civ. Ct. Kings; Birnbaum, J)

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