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Appellate Term Rules Against Dog Owners

Posted by Mark Smith on March 08, 2000 at 07:40:47:

From Today's News Update in the New York Law Journal, Wednesday, March 8, 2000:

Security guards and maintenance workers at an apartment building are not considered agents who have a duty to notify the landlord when a tenant's lease provisions are violated, a panel of the Appellate Term, First Department, has ruled. The landlord's petition to remove the tenants, who had kept a dog, Rocky, in violation of their lease, was originally denied because it was filed too late. Housing Part Judge Howard Malatzky had said Seward Park Housing Corp. should have been aware of Rocky's presence earlier because personnel who worked at the complex could have seen the dog and notified the landlord. The appellate panel reversed, saying the building's workers "would not be reasonably expected to report that they had seen a person walking a dog."

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For people who live in Manhattan and the Bronx, this decision severely limits their ability to keep a dog in violation of a lease provision banning pets, by making New York City Administrative Code 27-2009.1(b) virtually meaningless. Other courts have previously ruled that a non-resident superintendent could not be expected to observe a tenant walking a dog.

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