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Posted by richard on July 24, 2000 at 21:27:39:

In Reply to: Pets posted by Roberta on July 24, 2000 at 19:12:13:

So what is the problem? They changed the rules and if EVERYBODY got a notice like yours, then there is NO discrimination...so then sign it or move!

And get a CAT!........... we have 3.

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: I live in a rent stabilized apartment in New York City. The building has about 300 apartments and is a mix of both condo and rental units. I recently received my rent renewal papers and along with the usual documents a form was enclosed with the heading "Pet Rider". It states, in part, as follows:

: The Tenant is prohibited from harboring a dog without the express written consent of the Landlord. The Tenant represents and warrants that Tenant does not have a dog and does not intend to move one into the apartment knowing that the Landlord is relying upon the truth of this representation and warrant.

: ....strict adherence to this Rider by the Tenant is a material requirement of this Lease. The Tenant's failure to strictly comply with the obligation of this Rider shall be considered a serious, substantial, and material violation of this Lease and tenancy, and the owner will elect to terminate the lease and tenancy based upon a violation of this rider.

: The Rider then provides that if the tenant currently has a dog and the dog dies, the Tenant is prohibited from replacing the dog and if the tenant does, it will be deemed a substantial breach of the Lease.

: The Rider is written on plain paper..no heading or identification of any kind, although it is referred to in the landlord's covering letter. Also, there is a place for signature by the tenant only, nothing indicating that the landlord will sign the form also.

: I have lived in the building for 25 years or more. During this entire time, dogs have always been permitted; in fact,it was not unusual for a tenant to have more then one animal. I'm certain that the condo board changed the owners' by-laws and are now trying to get the entire building to conform to their rules.

: I do not want to sign the rider. My questions are do I have to sign in order to renew my lease, and, if it is possible that it is not a requirement of renewal, how do I proceed. Do I inform my landlord that I will not sign the form in which case he will probably not process the lease or do I sign under protest and then attempt to have the rider voided.

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Comments:
:   So what is the problem?    They changed the rules and if EVERYBODY got a notice like yours, then there is NO discrimination...so then sign it or move!

:   And get a CAT!...........  we have 3.

: ---------------------------------------------------------


: : I live in a rent stabilized apartment in New York City.  The building has about 300 apartments and is a mix of both condo and rental units.  I recently received my rent renewal papers and along with the usual documents a form was enclosed with the heading "Pet Rider".  It states, in part, as follows:

: :   The Tenant is prohibited from harboring a dog without the express written consent of the Landlord.  The Tenant represents and warrants that Tenant does not have a dog and does not intend to move one into the apartment knowing that the Landlord is relying upon the truth of this representation and warrant.

: :   ....strict adherence to this Rider by the Tenant is a material requirement of this Lease.  The Tenant's failure to strictly comply with the obligation of this Rider shall be considered a serious, substantial, and material violation of this Lease and tenancy, and the owner will elect to terminate the lease and tenancy based upon a violation of this rider.

: : The Rider then provides that if the tenant currently has a dog and the dog dies, the Tenant is prohibited from replacing the dog and if the tenant does, it will be deemed a substantial breach of the Lease.

: : The Rider is written on plain paper..no heading or identification of any kind, although it is referred to in the landlord's covering letter.  Also, there is a place for signature by the tenant only, nothing indicating that the landlord will sign the form also.

: : I have lived in the building for 25 years or more.  During this entire time, dogs have always been permitted; in fact,it was not unusual for a tenant to have more then one animal.  I'm certain that the condo board changed the owners' by-laws and are now trying to get the entire building to conform to their rules.

: : I do not want to sign the rider.  My questions are do I have to sign in order to renew my lease, and, if it is possible that it is not a requirement of renewal, how do I proceed.  Do I inform my landlord that I will not sign the form in which case he will probably not process the lease or do I sign under protest and then attempt to have the rider voided.        

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