Judge Michael Pinckney
Tenant Campbell moved to hold landlord Parker in contempt for her failure to sign a Section 8 general release form, thereby preventing tenant from obtaining a transfer voucher. The parties previously entered into a stipulation of settlement. The court noted neither the so-ordered stipulation, nor the court’s prior decision directed Parker to sign and return the release form. However, the court’s prior decision provided that in the event Parker failed to sign the release form, Campbell could “restore for appropriate relief.” Yet, the court did not find contempt to be a form of appropriate relief as there was no violation of a lawful order clearly expressing an unequivocal mandate. The court stated, however, that by not signing the release form, which contained an agreement to release Campbell from her obligations under the lease, Parker frustrated tenant’s ability to comply with the stipulation which converted this non-payment proceeding to a holdover action—a conversion which by its terms implied an agreement to release Campbell from the lease terms. Thus, the court stated while dismissal may not be an appropriate remedy, vacatur of the stipulation and the judgment/warrant that issued therefrom was appropriate, and restored the nonpayment action to the calendar.
