Jury Waiver Clause Valid

February 1, 2000

LVT Number: 13838

Landlord sued to evict tenant for nonpayment of rent. Tenant requested a jury trial despite a jury waiver clause in his lease. The court ruled for tenant, finding that tenant's lease was void because it contained an improper waiver of rent stabilization benefits. Landlord appealed and won. The lease contained a rent stabilization waiver because landlord mistakenly believed that the building qualified for a substantial rehabilitation exemption from rent stabilization. This didn't void the entire lease. The jury waiver clause was valid and remained in effect.

Landlord sued to evict tenant for nonpayment of rent. Tenant requested a jury trial despite a jury waiver clause in his lease. The court ruled for tenant, finding that tenant's lease was void because it contained an improper waiver of rent stabilization benefits. Landlord appealed and won. The lease contained a rent stabilization waiver because landlord mistakenly believed that the building qualified for a substantial rehabilitation exemption from rent stabilization. This didn't void the entire lease. The jury waiver clause was valid and remained in effect.

Chou v. Norambuena: NYLJ 1/13/00, p. 28, col. 5 (App. T.1 Dept.; McCooe, PJ, Freedman, Davis, JJ)

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