Landlord, who began a holdover eviction proceeding, sought to strike tenant’s demand for a jury trial.

The New York City Civil Court ruled that tenants in summary eviction proceedings have a common law right to trial by jury, which is also authorized by the New York Real Property Actions and Proceedings Law. It noted standard lease forms generally contain jury waiver clauses that were presumptively valid.

The tenant did not deny the waiver provision in the lease, but argued such provision violated federal law and therefore, should not be enforced. The court noted the premises was located in a building receiving federal funding under the Home Investments Partnerships Program.

It found that 24 CFR §92.253(b)(6) provided that the lease may not contain an agreement by the tenant to waive any right to a jury trial.The court denied the landlord’s petitioner’s motion to strike the jury demand.

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