Jury Waiver Clause Unenforceable in Nonprimary Residence Case

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell and Gribben, attorneys for the tenant.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant demanded a jury trial. Landlord claimed that tenant waived any right to a jury trial in her lease. The court ruled against landlord. ''Nonprimary residence'' became a ground for eviction by a 1983 amendment to the rent control laws. Since this ground didn't exist at the time tenant signed her lease, the jury waiver clause was unenforceable in eviction actions based on nonprimary residence. Tenant couldn't give up the constitutional right to a jury trial unless the ground for eviction was in existence at the time the lease was signed.

Nostra Realty Corp. v. Ferstenberg: NYLJ, p. 29, col. 3 (11/27/96) (Civ. Ct. NY; Evans, J)