Tenant's Agreement to Pay More than Rent-Stabilized Rent Void

August 31, 2005

LVT Number: 18324

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay a higher rent than provided for in his rent-stabilized lease. Tenant later asked the court to vacate the settlement agreement. Tenant said she had relied on landlord's claim that HPD had approved a rent increase that superseded the legal regulated rent. The court ruled for tenant. The regulatory agreement between landlord and HPD limited HPD-approved increases to the legally registered rent.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay a higher rent than provided for in his rent-stabilized lease. Tenant later asked the court to vacate the settlement agreement. Tenant said she had relied on landlord's claim that HPD had approved a rent increase that superseded the legal regulated rent. The court ruled for tenant. The regulatory agreement between landlord and HPD limited HPD-approved increases to the legally registered rent. The amount of rent that tenant and landlord agreed to was a mutual mistake, but was illegal.

TDF 2000 Partners LP v. Ewers: NYLJ, 8/30/05, p. 19, col. 3 (Civ. Ct. NY; Martino, J)

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