2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 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.