Decision in Favor of Tenant's Wife Vacated Because of Juror Misconduct

Facts: Landlord sued to evict rent-controlled tenant's wife after tenant died. Wife claimed she'd married tenant in 1992 and lived with him until he died in 1995. The jury found that the wife could get pass-on rights since she proved that she'd lived with tenant from the beginning of their marriage until his death. Landlord then asked the court for a different ruling despite the jury verdict. Landlord claimed there had been juror misconduct. The court held a hearing and questioned each of the six jurors. Four jurors testified that a fifth juror, who was an attorney, told them that there was a legal presumption that spouses lived together and that landlord had to prove it if they didn't. Court: The attorney-juror's conduct was improper. The attorney-juror's instruction on the law to the other jurors was an ''outside influence'' that affected the decisions of the other jurors and that wasn't permitted during jury deliberations. The attorney-juror's statement of the law also was incorrect. In a pass-on rights case, the occupant claiming pass-on rights must prove that she's entitled to remain in the apartment as a surviving family member who resided with tenant in the apartment as her primary residence for at least two years before he died.

23 Jones Street Assocs. v. Keebler-Beretta: NYLJ, p. 26, col. 5 (7/1/98) (Civ. Ct. NY; Kornreich, J)