Tenant Who Shows Rent Overcharge Can Vacate Settlement Agreement

July 25, 2018

LVT Number: #28538

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. After initially signing a settlement agreement in court, tenant later obtained an attorney and asked the court to vacate the agreement, allow her to amend her answer, and dismiss the case. The court ruled for tenant. Tenant showed good cause to vacate the settlement agreement because she had a valid rent overcharge defense that she wasn't aware of. There was a wilful rent overcharge based on improper rent increases. Tenant was entitled to a rent refund with triple damages, and owed no rent.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. After initially signing a settlement agreement in court, tenant later obtained an attorney and asked the court to vacate the agreement, allow her to amend her answer, and dismiss the case. The court ruled for tenant. Tenant showed good cause to vacate the settlement agreement because she had a valid rent overcharge defense that she wasn't aware of. There was a wilful rent overcharge based on improper rent increases. Tenant was entitled to a rent refund with triple damages, and owed no rent.

Nicefellow Realty v. Darby: Index No. 053363/17, NYLJ No. 1529900809 (Civ. Ct. Bronx; 6/13/18; Weissman, J)

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