Tenant's Drug Activity No Excuse for Landlord's Noncompliance with Repair Agreement

Tenant sued landlord in an HP proceeding, seeking apartment repairs. Landlord and tenant signed a settlement agreement in court. Landlord agreed to move tenant to a vacant apartment while landlord fixed conditions in tenant’s apartment. Tenant later asked the court to hold landlord in contempt when landlord failed to comply with the agreement.

The parties signed a second settlement agreement, which landlord also disregarded. Tenant again sought a contempt finding. Landlord claimed that the district attorney's office had now told landlord to start an eviction proceeding against tenant based on tenant’s arrest for selling heroin shortly before landlord signed the second stipulation. Landlord asked the court to vacate the settlement agreement.

The court ruled for tenant and against landlord. Landlord was still bound by the first agreement and had a pre-existing obligation to repair tenant’s apartment. Tenant didn’t commit any fraud or misrepresentation by bringing the HP proceeding or entering into the settlement agreement. Landlord hadn’t started the eviction proceeding, and there was no criminal conviction. Landlord was in contempt of court, but could have that finding purged by moving tenant to a vacant apartment within 30 days.

Greene v. M.S. Housing Associates: NYLJ, 7/8/09, p. 27, col. 3 (Civ. Ct. NY; Martino, J)