Tenant Excused from Minor Breaches of Settlement Agreement

Landlord sued to evict rent-controlled tenant for nuisance based on her boyfriend's behavior. Landlord and tenant signed a settlement agreement in court. Tenant agreed not to allow the boyfriend to live in the apartment or permit him access to the building grounds. Landlord could evict tenant if it showed tenant violated the agreement. Later, landlord asked permission to evict tenant for violating the agreement. The court ruled against landlord after a hearing. Building staff had seen tenant's boyfriend at the building three times. But tenant claimed that the boyfriend had come to the apartment unannounced and without her consent to collect his things. He had lived with tenant for 25 years. Tenant was 66 years old, had lived in the apartment all her life, the visits were short, and tenant had made diligent efforts to comply with the agreement. It would be unfair to evict her for these minor violations of the settlement agreement.

Tri Gruger Realty LLC v. Masterson: L&T Index No. 63546/09, NYLJ 1202471963176 (Civ. Ct. Bronx; McClanahan, J; 8/25/10)