Description: Can you vacate a stipulation of settlement that you entered into in Housing Court if you later regret making the deal?

A court can undo/vacate a stipulation of settlement:

• to promote justice and prevent wrong. Foote v. Adams, 232 AD 60 [2d Dept 1931]

• when the stipulation of settlement is unjust or harsh, even when fully understood and authorized. Bond v Bond, 260 AD 781, 782 [1940].

• if a stipulation rested on an assumption, which was subsequently proven false. Horodeckyi v Horodniak, 9 AD2d 732 [1st Dept 1959].

• if a stipulation runs contrary to public policy, it may also be vacated. In Re Willie L.C., 65 AD3d 683 [2d Dept 2009].

• in the Rent Stabilization context, where a tenant makes a decision to give up a forever home for not a lot of benefit. 45-48 47th St. Corp. v Murphy, 45 Misc.3d 23 [Appellate Term 2d Dept 2014].

• in the Rent Stabilized context, where a tenant agrees to something that violated Rent Stabilization, such as the tenant agreeing to pay an illegally high rent. Samson Management, LLC v. Cordero, 62 Misc 3d 129(A) [Appellate Term 2018].

• or in the free- market context, where it turns out that the apartment might be Rent Stabilized. 270 Glenmore Ave., LLC v Blondet, 55 Misc 3d 133(A) [Appellate Term 2d Dept 2017].

Links:

• Learn to Live Better, website

• Today’s Case: Clarke v. Haliman, 2025 WL 4036703 [NYC Civ Ct, Bronx Cty 2025]

• New York State Unified Court System 2025 Annual Report

• NYC Office of Civil Justice FY25 Annual Report

• Suggest future topics at questions@tenantlearningplatform.com

Attribution:

Music licensed through Soundstripe. Code: MJ4F8RUB1P9WUDKU

Today we are looking at a case and a regulation that reminds us of a tenant’s rights when the landlord renews a Rent Stabilized lease late. We are going to try to clear up some confusion and save tenants a few bucks.

Links:

• Michelle Itkowitz Podcasting Website

• New York City Rent Guidelines Board

• Today’s Case

• Rent Stabilization Code § 2523.5(c)(1)

• Suggest future topics at questions@tenantlearningplatform.com.

You have been sued by your landlord, and you just wish the case would go away, because with a bit more time, you would have the money to move, which you were planning on doing anyway. You just need a break. Therefore, in this episode, we look at a Housing Court Hack regarding the inadequate apartment description defense in eviction lawsuits. We also cover where tenants often go wrong in their negotiations with their landlords and offer some tips for obtaining better deal outcomes.

Links:

• Our Website

• A Case Mentioned: Ahmed v. Reid, 77 Misc.3d 1213(A) [New York City Civil Court, Kings County 2022].

• Today’s Case: Osibodu v. Fehintola, 2025 WL 4062273 [New York City Civil Court, Kings County 2025].

• Suggest future topics at questions@tenantlearningplatform.com.