Tenant Must Vacate based on Settlement Agreement

August 31, 2007

LVT Number: #19854

HPD issued an eviction certificate to landlord after a hearing and tenant's failure to comply with a prior settlement agreement to pay back rent. Tenant appealed and asked the court to delay eviction. Tenant claimed that there were noise conditions coming from nearby apartments that breached the warranty of habitability. The court ruled against tenant. Tenant never raised this claim previously, and HPD was reasonable in its decision not to consider tenant's late claim. Tenant already had agreed to move out by July 1, 2007.

HPD issued an eviction certificate to landlord after a hearing and tenant's failure to comply with a prior settlement agreement to pay back rent. Tenant appealed and asked the court to delay eviction. Tenant claimed that there were noise conditions coming from nearby apartments that breached the warranty of habitability. The court ruled against tenant. Tenant never raised this claim previously, and HPD was reasonable in its decision not to consider tenant's late claim. Tenant already had agreed to move out by July 1, 2007. When tenant signed the settlement agreement, he didn't mention any noise complaint.

Clark v. St. James Tower Inc.: NYLJ, 8/29/07, p. 29, col. 3 (Sup. Ct. Kings; Lewis, J)

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