Lease Had Jury Waiver Clause

April 1, 2000

LVT Number: 14025

Landlord sued to evict tenant for nonprimary residence. Tenant demanded a jury trial. Landlord pointed out that tenant's initial 1971 lease contained a jury waiver clause. Tenant argued that this clause wasn't effective because the lease was signed before the state legislature modified the rent stabilization law to permit eviction for nonprimary residence. Landlord asked the court to deny tenant's jury demand. The court ruled for landlord. Rent-stabilized tenants were required to maintain apartments as their primary residence even before 1971.

Landlord sued to evict tenant for nonprimary residence. Tenant demanded a jury trial. Landlord pointed out that tenant's initial 1971 lease contained a jury waiver clause. Tenant argued that this clause wasn't effective because the lease was signed before the state legislature modified the rent stabilization law to permit eviction for nonprimary residence. Landlord asked the court to deny tenant's jury demand. The court ruled for landlord. Rent-stabilized tenants were required to maintain apartments as their primary residence even before 1971. Since this grounds for eviction existed before the law was modified, tenant's jury waiver clause remained in effect.

MHM Sponsors Co. v. Millman: NYLJ, 3/29/00, p. 27, col. 3 (Civ. Ct. NY; Hagler, J)

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