Tenant Shows Rent Reduction Order Was in Effect

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The agreement gave landlord a judgment of possession and issuance of an eviction warrant. Tenant agreed to pay $5,760 in back rent owed by July 20, 2012. Tenant later sought an extension of the stay, and landlord agreed to extend to Aug. 24, 2012. Subsequently, tenant asked the court to vacate the agreement after discovering that there was a long-standing DHCR rent reduction order in effect and that tenant therefore was being overcharged. The court ruled for tenant and dismissed the case. Landlord knew about the rent reduction order, and tenant had signed the settlement agreement without counsel by an attorney. Landlord claimed that repairs had been made long ago but never filed an application to restore rent with the DHCR. So the rent reduction remained in place and tenant didn't owe the back rent claimed by landlord. 

130 East 18th LLC v. Mitchel: Index No. 076206/2013, NYLJ No. 1202602644244 (Civ. Ct. Kings; 6/5/13; Sikowitz, J)