Tenant Must Pay Stipulated Amount

March 1, 1996

LVT Number: 10417

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and dismissed the case. Landlord appealed. In a prior nonpayment case, tenant had stipulated that he would pay $420 per month until the DHCR decided tenant's rent overcharge complaint. To date there was no decision in the overcharge matter. The appeals court ruled for landlord to the extent that it reopened the case. Landlord could collect the stipulated amount plus any rent guidelines increases since November 1992, when the stipulation was signed.

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and dismissed the case. Landlord appealed. In a prior nonpayment case, tenant had stipulated that he would pay $420 per month until the DHCR decided tenant's rent overcharge complaint. To date there was no decision in the overcharge matter. The appeals court ruled for landlord to the extent that it reopened the case. Landlord could collect the stipulated amount plus any rent guidelines increases since November 1992, when the stipulation was signed. It was an error to dismiss landlord's petition altogether, since tenant had paid no rent since October 1991.

E.G.A. Associates, Inc. v. Goodwin: NYLJ, p. 25, col. 2 (2/28/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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