Scott Mollen Stipulation Vacated; Action to Quiet Title: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
January 24, 2023 at 02:21 PM
15 minute read
Landlord-Tenant—Stipulation Vacated—Multiple ERAP Applications Were Submitted Utilizing Tenant's Name and Contact Information by Landlord—Landlord Manipulated The Program Which Was Intended To Alleviate Risk of Eviction by Facilitating Payment Of Arrears to Landlords
A respondent tenant (tenant) had moved to vacate a stipulation (stipulation) which had been consented to while both parties had been represented by counsel, to dismiss the proceeding and impose sanctions.
The landlord had commenced an "expired lease holdover proceeding." The stipulation provided that the tenant vacate the subject apartment in September 2022 and the tenant agreed to apply for the Emergency Rental Assistance Program (ERAP). The landlord had agreed to pay the tenant $3,000 "in consideration of her timely vacatur." The landlord had thereafter discharged his counsel and appeared pro se.
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