Occupant of Rent-Controlled Apart-ment Bound by Jury Waiver Clause

July 31, 2003

LVT Number: 16767

Landlord sued to evict apartment occupant who claimed that he was either rent-controlled tenant or had pass-on rights from rent-controlled tenant. Occupant asked the court for a jury trial. The court ruled against occupant, finding that he wasn't entitled to a jury trial. Occupant appealed and lost. Whether occupant was rent-controlled tenant or had pass-on rights, he was claiming rights under rent-controlled tenant's lease. The terms of the lease remained in effect after lease expired and tenant became statutory rent-controlled tenant. The lease contained a valid jury waiver clause.

Landlord sued to evict apartment occupant who claimed that he was either rent-controlled tenant or had pass-on rights from rent-controlled tenant. Occupant asked the court for a jury trial. The court ruled against occupant, finding that he wasn't entitled to a jury trial. Occupant appealed and lost. Whether occupant was rent-controlled tenant or had pass-on rights, he was claiming rights under rent-controlled tenant's lease. The terms of the lease remained in effect after lease expired and tenant became statutory rent-controlled tenant. The lease contained a valid jury waiver clause.

Alden Raleigh Estates v. King: NYLJ, 7/17/03, p. 24, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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