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Courts Step Up Enforcement of Landlord-Tenant Stipulations
Many, if not most, landlord-tenant cases in New York City are settled by stipulation. These stipulations often condition the tenant's right to continued possession upon the tenant affirmatively taking certain actions (such as paying rent), or refraining from taking certain actions (such as committing a nuisance), in the future.
Because a tenant's breach of a stipulation may lead to eviction, courts are sometimes reluctant to enforce them. That trend may now be reversing. In three recent cases, involving non-payment, illegal alterations, and nuisance, three different New York appellate courts have enforced two-attorney, so-ordered stipulations even though such enforcement would force the tenant to vacate.
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