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Posted by SK on August 28, 2001 at 17:41:19:

I live in a coop (sublease) in Manhattan, NY and my sublease is expiring late this year. When I signed the sublease last year, I noticed that there's a clause (rider) stating: "The Subtenant and Overtenant/Owner agree that any dispute concerning this sublease will be submitted to binding arbitration under the auspices of the American Arbitration Assocation in New York County."
Now, there was this noise problem last winter and I managed to get the DEP to come in and issue a building code violation. I was told that I should take my landlord/building management to the Civil Court for rent abatement; it seems however there's a bit of conflict between what my sublease rider says and how the city law works. Can I still take the case to the civil court? or do I have to settle it with an arbitrator?

SK

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:   I live in a coop (sublease) in Manhattan, NY and my sublease is expiring late this year.  When I signed the sublease last year, I noticed that there's a clause (rider) stating: "The Subtenant and Overtenant/Owner agree that any dispute concerning this sublease will be submitted to binding arbitration under the auspices of the American Arbitration Assocation in New York County."
:   Now, there was this noise problem last winter and I managed to get the DEP to come in and issue a building code violation.  I was told that I should take my landlord/building management to the Civil Court for rent abatement; it seems however there's a bit of conflict between what my sublease rider says and how the city law works.  Can I still take the case to the civil court? or do I have to settle it with an arbitrator?

: SK


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