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This entry was published on 2022-04-01
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SECTION 746
Stipulations
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 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.