Tenant Seeking Loft Law Coverage Can't Vacate Judgment

Landlord sued to evict tenant for nonpayment of rent for nine months between October 2008 and June 2009. In August 2009, landlord and tenant signed a settlement agreement. Landlord got a final judgment of possession and money judgment of $32,500, monthly rent was reduced to $4,000, and tenant agreed to a payment scheduled. After tenant failed to make the agreed-upon payments, landlord and tenant signed a second settlement agreement in May 2011, giving landlord a final judgment with execution on the eviction warrant delayed to June 30, 2011, on condition that tenant pay use and occupancy in a timely manner until he moved out. In May 2011, tenant asked the court to vacate the second settlement agreement because tenant had now applied to the Loft Board for coverage. Tenant claimed that he should be protected by 2010 amendments to the Loft Law. The court ruled against tenant, who appealed and lost. Landlord’s case wasn’t based on a claim that tenant illegally occupied the unit but on nonpayment of rent. So landlord’s vested rights in the final judgment already obtained in court shouldn’t be disturbed.

Metroeb Realty Corp Y Realty Mgmt. Co. v. Fuller: 37 Misc.3d 126(A) (App. T. 2 Dept.; Weston, JP, Rios, Solomon, JJ)