A Great Victory: Court Declines Request to Vacate Stipulation Despite Alleged Overcharge Claim

By Eric Kahan, Partner SDK Heiberger

Our firm recently secured a very favorable decision from the Housing Court related to rent overcharge.

In the matter of 803 West 180th St. Co. v. Sonia Van Der Puye, the Court refused to vacate a stipulation in order to afford the tenant an opportunity to pursue a claim of rent overcharge. The tenant attempted to assert fraud or miscalculation of the rent based upon renovations after the tenant had failed to comply with a stipulation which had afforded the tenant an opportunity to pay rental arrears agreed to be due. Prior to eviction, the tenant obtained counsel and filed a motion seeking to undue the stipulation based upon speculative allegations related to the rent prior increases.

The Court properly refused to allow the Tenant to be relieved of her obligations of the stipulation in a thoughtful decision that took into account the execution of a proper lease rider and proper documentation while not giving countenance to the mere speculation and unsupported allegations of the tenant or her counsel.