Tenant Claims Building Being Used Illegally as Three-Family Residence

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court granting a judgment to landlord and delaying eviction on the condition that tenant pay the back rent owed. Tenant later got an attorney and asked the court to vacate the settlement agreement. Tenant claimed that the building was an illegal three-family residence, and so the case should be dismissed. Landlord claimed that the court should enforce the settlement agreement. Also, even if there was an illegal basement apartment, tenant didn't live there and it didn't affect him. The court ruled for tenant, in part. There was no certificate of occupancy for the third apartment, so tenant didn't have to pay rent. However, the court could enforce the part of the settlement agreement in which tenant agreed to move out.

Marrocco v. Lugero: NYLJ, p. 31, col. 2 (10/6/99) (Civ. Ct. Richmond; Straniere, J)