Jury Waiver Clause in Tenant's Lease Was Enforceable in Federal Court Action

A co-op shareholder tenant sued landlord co-op corporation in federal court, claiming discrimination in violation of the Fair Housing Act. At some point, landlord asked the court to strike a jury demand made by tenant. Tenant objected, but the court ruled for landlord. Tenant's 1987 proprietary lease contained a jury waiver clause. And, although the Seventh Amendment of the U.S. Constitution guarantees the right to a jury trial, parties to a contract may waive that right by prior written agreement entered into knowingly and voluntarily. New York law provides that jury waiver provisions in lease agreements generally are null and void in actions for personal injury or property damage. But, when asserted in federal court, the right to a jury trial is governed by federal law, and the New York statute has no bearing on the enforceability of the jury waiver clause. Here the jury waiver clause was enforceable and landlord hadn't waived that provision.

Mazzocchi v. Windsor Owners Corp.: Index No. 1:11-CV-7913, 2022 US Dist. LEXIS 182664; 2022 WL 16840273 (SDNY; 10/5/22; Abrams, DJ