Tenant Can't Vacate Settlement Agreement

December 1, 2011

LVT Number: #23743

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case in court. Tenant agreed to pay $7,600, and a judgment was entered in landlord's favor. Tenant later asked the court to vacate the judgment, claiming that she needed more time to complete an application for emergency assistance, that she had filed a court appeal of a NYCHA decision, and that there was a rent overcharge. The court ruled against tenant, finding she had no ability to pay the back rent. Tenant appealed and lost. She claimed that she signed the settlement agreement under duress.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case in court. Tenant agreed to pay $7,600, and a judgment was entered in landlord's favor. Tenant later asked the court to vacate the judgment, claiming that she needed more time to complete an application for emergency assistance, that she had filed a court appeal of a NYCHA decision, and that there was a rent overcharge. The court ruled against tenant, finding she had no ability to pay the back rent. Tenant appealed and lost. She claimed that she signed the settlement agreement under duress. She also raised new issues about apartment conditions. The appeals court couldn't consider the new issues. And tenant had waived her overcharge claim when she signed the settlement agreement.

Semen v. Dor: 33 Misc.3d 138(A), 2011 NY Slip Op 52073(U) (App. T. 2 Dept.; 11/4/11; Rios, JP, Weston, Golia, JJ)

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