Can you vacate a stipulation of settlement that you entered into in Housing Court if you later regret making the deal?

Jun 07, 2026

In Episode 58, we cover the circumstance under which 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].

Listen on Spotify, Apple, YouTube, or wherever you get your podcasts.

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 [email protected].

Attribution:

Music licensed through Soundstripe. Code: MJ4F8RUB1P9WUDKU