Tenant Violated Settlement Agreement by Allowing Son to Visit

March 1, 2001

LVT Number: 14772

Landlord NYCHA notified tenant that it planned to seek her eviction because one of her adult sons broke into another apartment and assaulted another tenant. Tenant signed a settlement agreement with landlord, stating that her son wouldn't be allowed to live in the apartment or visit her there. Some time later, landlord's inspector discovered tenant's son had stayed overnight in the apartment. Landlord then issued a certificate of eviction. Tenant appealed, claiming that landlord couldn't enforce the portion of the settlement agreement barring any visits by her son.

Landlord NYCHA notified tenant that it planned to seek her eviction because one of her adult sons broke into another apartment and assaulted another tenant. Tenant signed a settlement agreement with landlord, stating that her son wouldn't be allowed to live in the apartment or visit her there. Some time later, landlord's inspector discovered tenant's son had stayed overnight in the apartment. Landlord then issued a certificate of eviction. Tenant appealed, claiming that landlord couldn't enforce the portion of the settlement agreement barring any visits by her son. The court ruled against tenant. The settlement agreement was reasonable. If tenant's son was a threat to his neighbors while he lived there, he was also a threat when visiting.

Romero v. Martinez: NYLJ, 2/13/01, p. 21, col. 3 (App. Div.1 Dept.; Sullivan, PJ, Andrias, Wallach, Saxe, Friedman, JJ)

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