Tenant Agreed to Vacate in Rabbinical Court Arbitration Proceeding

April 26, 2024

LVT Number: #33170

Landlord sued to evict tenant. Previously, both sides had submitted to arbitration before a rabbinical court (Bet Din). That court ruled that tenant had to vacate the apartment by Feb. 23, 2023, one year from the date of the court's decision. When tenant failed to move out, landlord started the housing court proceeding six months later. Tenant claimed that the eviction was retaliatory and asked the housing court to dismiss the case based on the arbitration agreement or, alternatively, to stay the housing court proceeding to give him time to seek further arbitration.

Landlord sued to evict tenant. Previously, both sides had submitted to arbitration before a rabbinical court (Bet Din). That court ruled that tenant had to vacate the apartment by Feb. 23, 2023, one year from the date of the court's decision. When tenant failed to move out, landlord started the housing court proceeding six months later. Tenant claimed that the eviction was retaliatory and asked the housing court to dismiss the case based on the arbitration agreement or, alternatively, to stay the housing court proceeding to give him time to seek further arbitration. The court ruled against tenant, finding that he had waived his right to return to the Bet Din. Landlord was entitled to possession.

Steiner v. Klein: Index No. LT-320285/23, NYLJ No. 1710165191 (Civ. Ct. Kings; 3/8/24; Bacdayan, J)

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