Tenant Violated Settlement Agreement

April 1, 2006

LVT Number: 18741

Landlord NYCHA terminated tenant's tenancy. Tenant appealed NYCHA's ruling, claiming that it was unreasonable. The court and appeals court ruled against tenant. Tenant had signed a settlement agreement with landlord in which she agreed to permanently bar certain individuals from her apartment. These individuals had engaged in criminal activity in the building. Landlord presented substantial proof that tenant had violated the agreement. Tenant also claimed that the agreement was invalid, but this claim was time-barred.

Landlord NYCHA terminated tenant's tenancy. Tenant appealed NYCHA's ruling, claiming that it was unreasonable. The court and appeals court ruled against tenant. Tenant had signed a settlement agreement with landlord in which she agreed to permanently bar certain individuals from her apartment. These individuals had engaged in criminal activity in the building. Landlord presented substantial proof that tenant had violated the agreement. Tenant also claimed that the agreement was invalid, but this claim was time-barred.

Folks v. NYCHA: NYLJ, 3/13/06, p. 30, col. 5 (App. Div. 1 Dept.; Tom, JP, Saxe, Nardelli, Williams, Gonzalez, JJ)

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