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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pierre v. Williams, 106 Misc. 2d 81 (1980)

Citation
Pierre v. Williams, 106 Misc. 2d 81 (1980)
Parent Document
Pierre v. Williams, 106 Misc. 2d 81 (1980)
Jurisdiction
New York (state)
Effective Date
1980-05-09

Full Text

949 chars
It is respondent’s position that while case law upholds jury waiver clauses contained in expired leases when carried over into month-to-month statutory tenancies created by the emergency rent laws, such case law is not applicable to the case at bar for the reason that the subject premises are not subject to the rent control law but rather to the rent stabilization law. Both the petitioner and respondent agree that the subject apartment is subject to and governed by the rent stabilization law. However, there is nothing in that statute or in the present posture, of the law which prohibits projection of the terms and conditions of a prior expired lease into the subsequent tenancy in rent-stabilized apartments. In the case at bar, the landlord failed to offer the tenant a renewal lease as required by the rent stabilization law, but the tenant has paid and the landlord has continued to accept the same rent provided for in the expired lease.