Clearly, the Legislature could not have intended such a result under the Rent Stabilization Law, passed to protect the rights of tenants. The ancient equitable adage that “one may not benefit from his own wrong” still survives and will be applied to achieve the ends of justice. Therefore, this court holds that where a *102landlord fails to offer a renewal lease as commanded by law, he or she may not come into court in reliance upon that expired contract as a ground for striking the tenant’s jury demand. (See Sobel-Halberg v Foss, Civ Ct, NY City, L&T No. 105824/79, affd NYLj, Oct. 29, 1980, p 6, col 3 [App Term, 1st Dept].)
In accordance with this holding, petitioner’s cross motion to strike the jury demands of tenants M. Adams, Grafton and Holder, being based upon jury waiver clauses contained in expired leases, is denied. Petitioner’s cross motion as to tenants Downs, Murray, L. Longchamp, Ellison, Robinson, Brown and Wheaton, being based upon current leases containing valid jury waiver clauses, is granted.
Petitioner has produced no lease agreements or other evidence to show that the remaining 13 respondents have waived their right to trial by jury. In fact, petitioner openly admits that when it succeeded the prior owner, it “was unable to secure leases for every tenant in the building.” The court cannot assume, as petitioner suggests, that unproduced leases exist and are “exactly the same as those in petitioner’s possession”. To the contrary, there is nothing to indicate or demonstrate that this is so except mere speculation by petitioner, which cannot serve as a basis to sustain petitioner’s burden of proving that respondents waived their right to a jury trial. Accordingly, petitioner’s cross motion is denied as to the remaining 13 respondents.