Tenant Didn't Give Up Right to Jury Trial in Nonprimary Residence Case

(Decision submitted by Samuel J. Himmelstein, of the Manhattan law firm of Himmelstein, McConnell & Gribben, attorneys for the tenant.) Landlord sued to evict tenant for nonprimary residence. Tenant demanded a jury trial. Landlord claimed this was waived in tenant's lease. The court ruled for tenant on this issue. Until passage of the Omnibus Housing Act of 1983, nonprimary residence wasn't a ground for eviction of a rent-stabilized tenant in a court proceeding. Tenant's lease was signed prior to this and therefore preceded this cause of action for eviction. So because the nonprimary residence cause of action didn't exist at the time of the jury waiver in tenant's lease, it was ineffective as to the issue of nonprimary residence.

Snow v. DeLaurentis: NYLJ, p. 26, col. 4 (11/15/95) (Civ. Ct. NY; Friedman, J)