In Episode 58, we look at whether you 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, a Housing Law Podcast - 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 via Riverside FM through Soundstripe:

Wonderment

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