Tenant Can't Vacate Settlement Agreement

Landlord sued to evict occupant from HUD Section 8 project housing after tenant died. Landlord claimed that occupant moved into the apartment without knowledge or permission from landlord or HUD. On the first court date, the court granted occupant an adjournment to prepare an answer and get an attorney. On the second court date, almost a month later, landlord and occupant signed a settlement agreement. Occupant agreed to move out, with a judgment of possession to landlord.

Occupant later asked the court to vacate the agreement and the judgment. Occupant claimed that she was tenant’s daughter, had lived in the apartment with tenant from 2003 until tenant died in 2006, and had pass-on rights as tenant’s remaining family member.

The court ruled against occupant. Occupant deliberately chose to sign the settlement agreement on the second court date, rather than go forward with a trial or obtain a further adjournment to get an attorney. She couldn’t now claim that she had insufficient time to find out about her rights or legal status. Occupant wasn’t pressured by landlord or the court to settle, and was aware of the questions raised in the proceeding for at least six months before landlord started the court case.

Kings Court Housing LLC v. Hudson: NYLJ, 2/4/09, p. 29, col. 1 (Civ. Ct. Kings; Heymann, J)