Tenant Who Kept 21 Cats Can Vacate Settlement Agreement

Landlord sued to evict long-term rent-stabilized tenant for violating her lease. Among other things, tenant kept 21 cats in her apartment. Tenant refused to give up the cats but signed a settlement agreement with landlord in court. Tenant agreed to move out within five months, and landlord agreed to waive six months of outstanding rent. Tenant later obtained an attorney and asked the court to vacate the settlement agreement. The court refused. Tenant appealed and won. Medical evidence indicated that tenant suffered from illnesses that may have affected her ability to make a thoughtful and informed decision when settling the case. With the help of her attorney, tenant now had gotten rid of the cats and was prepared to pay all outstanding rent that was due. The settlement agreement was vacated, and the case was sent back to housing court to determine what rent was due.

414 East 77 Realty LLC v. Bennett: 2012 NY Slip Op 52193 (App. T. 1 Dept.; 11/30/12; Lowe III, PJ, Shulman, Hunter Jr., JJ)