Can the Court vacate a Housing Court Stipulation of Settlement that was made by a tenant Without the Assistance of Counsel?
Can the Court vacate a Housing Court Stipulation of Settlement that was made by a tenant Without the Assistance of Counsel? If a tenant or occupant of a premises appears in Housing Court in response to a Non-payment or Holdover Petition and enters into a Stipulation of Settlement to vacate, and later realizes that compliance with the Stipulation is impossible, can they seek that the Court vacate and essentially nullify the Stipulation? In Order to obtain this relief, the tenant/occupant would need to return to Court with an Order to Show Cause requesting the vacatur of the Stipulation and the restoration of the case to the Court’s calendar. Whether the Stipulation is vacated is at the discretion of the presiding Judge. A court may vacate its own judgment for sufficient reason and in the interests of substantial justice ( see Ladd v. Stevenson, 112 N.Y. 325, 332, 19 N.E. 842 (1889); see generally 10 Weinstein–Korn–Miller, N.Y. Civ. Prac. 5015.01, at 50–299; 5015.12, at 50–338 [...