Former Section 8 Tenant Keeps Right to Jury Trial

March 31, 2008

LVT Number: #20303

Landlord sued to evict tenant for nonpayment of rent. Tenant demanded a jury trial. Landlord claimed that tenant wasn't entitled to a jury trial because there was a jury waiver clause in his initial rent-stabilized lease. The court ruled against landlord. When tenant signed his initial lease in 1997, he also signed a Section 8 lease containing a clause that invalidated any jury waiver appearing in other portions of the rental agreement. Although tenant no longer received Section 8 rent subsidy benefits, the terms of tenant's two initial leases merged together as one agreement.

Landlord sued to evict tenant for nonpayment of rent. Tenant demanded a jury trial. Landlord claimed that tenant wasn't entitled to a jury trial because there was a jury waiver clause in his initial rent-stabilized lease. The court ruled against landlord. When tenant signed his initial lease in 1997, he also signed a Section 8 lease containing a clause that invalidated any jury waiver appearing in other portions of the rental agreement. Although tenant no longer received Section 8 rent subsidy benefits, the terms of tenant's two initial leases merged together as one agreement. Therefore, since landlord is required by the rent stabilization law to renew tenant's lease on the same terms and conditions as tenant's initial lease, tenant kept the right to a jury trial even though his Section 8 subsidy had ended.

Kenmore Associates LP v. Burke: NYLJ, 3/13/08, p. 26, col. 3 (Civ. Ct. NY; Cohen, J)

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