Tenant bound by settlement agreement.


Prior landlord rented an apartment to tenant in 2004 under a deregulated lease at $5,000 per month. At the time, prior landlord was receiving J-51 tax benefits, which expired five months later. Tenant's lease was renewed until 2008. Tenant then became month-to-month. New landlord sent tenant a 30-day termination notice in 2009 and then started an eviction proceeding. Landlord and tenant, represented by attorneys, settled the case in court. Tenant agreed to a judgment for landlord and the issuance of an eviction warrant. Eviction was delayed until Dec. 31, provided that tenant paid $5,200 per month until then. Tenant later asked the court to vacate the settlement agreement. He claimed that he was rent stabilized under the Court of Appeals ruling in Roberts v. Tishman Speyer, so the settlement violated public policy. The court ruled for tenant.

Landlord appealed and won. Settlement agreements shouldn't be set aside absent fraud...

To continue reading