I hold that a stipulation which, in essence, entitles the landlord to evict a residential tenant for nonpayment of amounts of rent exceeding the amount of rent sought in the petition (or, in the event the amount sought in the petition does not reflect current rent, then the amount the petition could be amended to *117include at the time of the proposed stipulation), violates public policy. The reason is apparent — this mode of coercing payments of rents not yet due would impede the tenant’s ability to assert against the landlord future defenses such as a breach of the warranty of habitability which, by statute, has been declared to be the pubic policy of this State (Real Property Law § 235-b). Thus, under this stipulation, the tenant would not be able to withhold his future rent even though a serious breach of the warranty of habitability may later occur. While it is clear that payment of rent does not waive this claim, the tenant has lost his primary means of persuading the landlord to maintain habitable premises. Based on this analysis, I hold that this stipulation and others of similar effect, as applied to residential tenancies, are unconscionable, and violate public policy.