Beulah Commons Assocs., L.P. v. Hankins, 75499/2016

• Decision Date: 11 July 2019
• Docket Number: 75499/2016
• Citation: 142 N.Y.S.3d 703 (Table),64 Misc.3d 1212 (A)
• Parties: BEULAH COMMONS ASSOCIATES, L.P., Petitioner-Landlord, v. Tina HANKINS; Phillip Hankins, Respondents-Tenants.
• Court: New York Civil Court

64 Misc.3d 1212 (A)
142 N.Y.S.3d 703 (Table)

BEULAH COMMONS ASSOCIATES, L.P., Petitioner-Landlord,
v.
Tina HANKINS; Phillip Hankins, Respondents-Tenants.

75499/2016

Civil Court, City of New York.

Decided July 11, 2019

Petitioner's Attorneys: Hertz Cherson & Rosenthal, PC, 118-35 Queens Boulevard, 9th floor, Forest Hills, NY 11375

Respondents: Tina Hankins/Phillip Hankins

Diane E. Lutwak, J.

In this proceeding for nonpayment of rent, which was resolved by Stipulation of Settlement on August 13, 2018, the Court held a hearing on July 9, 2019 on the narrow issue of whether that settlement agreement, as modified by a subsequent one signed on September 27, 2018, requires Respondents to pay rent for the months of September, October and November 2018 or whether Petitioner waived the collection of those rents.

PRIOR HISTORY OF PROCEEDING

Briefly, the history of this long-running proceeding as discerned from the contents of the court file and notations on the court file jacket is as follows. The Petition is dated December 15, 2016 and seeks rent arrears of $6,905.04. The Petition alleges that the premises are subject to Rent Stabilization and that the monthly rent is $503.35. Respondent Tina Hankins filed an Answer to the Petition on December 30, 2016 raising defenses and counterclaims based upon rent overcharge and conditions in the apartment needing repair. At the initial court appearance on January 11, 2017, the case was adjourned by Stipulation to February 1 for Respondents to retain counsel. On the adjourned date Respondents appeared by counsel and the proceeding was adjourned by Stipulation to March 10 for possible settlement. On March 10 the proceeding was adjourned to May 5 for trial in a Stipulation which stated that Petitioner alleged $8022.69 in rent arrears. Notations on the court file jacket indicate that on May 5 the proceeding was again adjourned for trial to June 28. On June 28 the proceeding was adjourned to August 8 for trial in a Stipulation in which both sides agreed that $1456.16 was outstanding to date at $489.88 per month "per rent reduction order". On August 8 the proceeding was adjourned by Stipulation to October 11 for trial, with access dates for repairs to be made in the meantime. On October 11 the case was adjourned to December 5 for trial in a Stipulation which stated, "Respondents refuse to allow access for repairs" and that they would not permit access "until medically cleared by their son's physician."

On December 5 the case was transferred to Part X for assignment to a trial judge and then adjourned to January 16, 2018. In the meantime, by Decision and Order dated December 21, 2017 a motion filed by Respondents' counsel seeking to withdraw from further representation was granted. Notations on the court file jacket indicate that the case then was adjourned in Part X on January 16 to March 5, 2018 for trial. By Decision and Order dated February 26, 2018 the Court denied Petitioner's intervening motion for an access order, noting the upcoming trial date of March 5. Notations on the court file jacket indicate that the case was then adjourned in Part X on March 5 to April 26, then to May 25, then to June 20 and then to July 12. It appears from a Stipulation signed on July 12 that the trial had started by then and that settlement discussions had resumed as that agreement adjourned the case to August 13 "in contemplation of settlement" and noted that "if the case is not settled the trial will continue on the adjourned date." The July 12 Stipulation further states that the anticipated settlement would include that (1) Petitioner would offer Respondents a 3-bedroom apartment with an initial rent at the current rate; (2) Respondents would move to this other apartment; (3) Petitioner would agree to "waive arrears to date and pay to move Respondents to new location"; and (4) Respondents would agree to discontinue all pending proceedings they had filed against Petitioner.

THE AUGUST 13, 2018 STIPULATION OF SETTLEMENT

On August 13, 2018 Petitioner by counsel and Respondents pro se entered into a Stipulation of Settlement, the bulk of which is typewritten, with handwritten additions. In that agreement, both sides acknowledged that Petitioner "has been at all times ready, willing and able to perform any and all repairs"; that Respondents "have refused access for the performance of certain repairs they believe would adversely affect the health of their son"; and that to accommodate the needs of Respondents' son Petitioner was offering to relocate them temporarily until the repairs were completed in their apartment to another apartment in the Bronx: Apartment 4D at 1288 Hoe Avenue. The exact language and terms of that agreement which are relevant to the issue now to be determined are the following:

• "Respondents agree to accept Petitioner's offer to temporarily move to Apartment 4D at 1288 Hoe Avenue, Bronx, New York. This apartment is currently ready to be occupied and, if Respondents agree to move, they must do so by August 31, [2]018¹ . Respondents agree to look at this apartment on 8/17/18 and advise mgmt. that day if they

...