Tenant Entitled to Jury Trial Despite Lease Waiver Clause

April 30, 2011

LVT Number: #23357

Landlord sued to evict tenant, who demanded a jury trial. Landlord asked the court to strike this demand. The court ruled against landlord. Tenant's lease contained a standard jury trial waiver clause. But tenant's building received federal funding under the Home Investments Partnerships Program. Federal regulations governing the program provided that tenant couldn't waive any right to a jury trial. Since the jury waiver clause violated federal law governing the tenancy, it was invalid. Tenant was entitled to a jury trial.

Landlord sued to evict tenant, who demanded a jury trial. Landlord asked the court to strike this demand. The court ruled against landlord. Tenant's lease contained a standard jury trial waiver clause. But tenant's building received federal funding under the Home Investments Partnerships Program. Federal regulations governing the program provided that tenant couldn't waive any right to a jury trial. Since the jury waiver clause violated federal law governing the tenancy, it was invalid. Tenant was entitled to a jury trial.

Beulahland Associates LP v. Crowley: Index No. 42762/10, NYLJ No. 1202491905144 (Civ. Ct. Bronx; 4/28/11; McClanahan, J)

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