Jury Waiver Clause Applies to Primary Residence Claim

April 30, 1997

LVT Number: 11480

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked for a jury trial. Landlord argued that tenant's 1970 lease contained a jury waiver clause. Tenant claimed that the clause didn't apply because in 1970 nonprimary residence claims couldn't be brought in court. The court ruled against tenant on this issue. Primary residence was always a condition to tenant's continued rent control coverage. In 1970 the law required tenant to maintain the apartment as his primary residence in order to remain subject to rent control.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked for a jury trial. Landlord argued that tenant's 1970 lease contained a jury waiver clause. Tenant claimed that the clause didn't apply because in 1970 nonprimary residence claims couldn't be brought in court. The court ruled against tenant on this issue. Primary residence was always a condition to tenant's continued rent control coverage. In 1970 the law required tenant to maintain the apartment as his primary residence in order to remain subject to rent control. At that time, nonprimary residence claims could be brought before the Office of Rent Control.

Museum of Modern Art v. Duncan: NYLJ, p. 27, col. 2 (4/23/97) (Civ. Ct. NY; Shulman, J)

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