N.Y. Real Property Actions & Proceedings Law § 746: Stipulations

§ 746. Stipulations. 1. In any proceeding under this article, if a

stipulation is made, on the occasion of a court appearance in the

proceeding, setting forth an agreement between the parties, other than a

stipulation solely to adjourn or stay the proceeding, and either the

petitioner or the respondent is not represented by counsel, the court

shall fully describe the terms of the stipulation to that party on the

record.

2. No stipulation required to be on the record by subdivision one of

this section may be approved by the court unless the court first

conducts an allocution on the record that shall, at a minimum, find the

following:

(a) the identity of the parties and whether all necessary parties have

been named in the proceeding;

(b) the authority of the signatory to the stipulation if the named

party is not present; and

(c) shall further find:

(i) that the unrepresented party understands that he or she may try

the case if he or she does not agree with the proposed stipulation or if

an acceptable stipulation cannot be negotiated;

(ii) where the other party is represented, whether the party's

attorney inappropriately gave legal advice to the unrepresented litigant

or whether the unrepresented litigant is agreeing to the proposed

stipulation as a result of undue duress;

(iii) whether the unrepresented respondent agrees with or contests any

allegation in the petition and predicate notices;

(iv) that the unrepresented party is aware of and understands claims

or defenses he or she may have in the proceeding and is aware of the

available options in light of those claims or defenses, especially where

the stipulation provides for a surrender of the dwelling unit or the

conversion of a nonpayment proceeding into a holdover proceeding;

(v) that the unrepresented litigant's claims or defenses are

adequately addressed in the stipulation;

(vi) that the unrepresented party understands and agrees to the terms

of the stipulation;

(vii) that the unrepresented party understands the effect of

non-compliance with the terms of the stipulation by either side and what

the deadlines and procedures are for addressing such non-compliance,

including how to restore the case to the court calendar to obtain relief

under or from the stipulation;

(viii) in all non-payment cases, including where the unrepresented

party indicates that he or she intends to apply for public assistance

benefits or to a charity to pay rent that is sought in the proceeding

and that the court has determined to be owing to the petitioner, that an

appropriate rent breakdown is included in the stipulation; and

(ix) that the unrepresented party understands the implications of a

judgment against him or her and the legal requirement that the

petitioner provide a satisfaction of judgment upon payment.

3. The court may use a court attorney to conference a case to

determine the unrepresented party's claims or defenses and his or her

understanding of all available options in light of those claims or

defenses, or any of the other elements of the allocution required by

this section. However, such conference may not substitute for an

allocution by the court and, where it is used, the results shall be

reported to the court, which shall note on the record that such

conference occurred.

4. Notwithstanding the foregoing, where the court, in its discretion,

determines that, in the interests of justice, inclusion in the

allocution required by subdivision two of this section of one or more

findings described in paragraph (c) of such subdivision is or are not

necessary given the history of the case, prior appearances or other

factors, excluding a court attorney conference provided for in

subdivision three above, such finding or findings may be omitted and the

reason for such omission shall be set forth on the record.