Posted by Laura on September 11, 2000 at 22:26:45:
In Reply to: Re: pets posted by James on September 06, 2000 at 12:04:21:
Actually, according to CTRC Fact Sheet #007, TENANT'S RIGHT TO PETS, you can replace a pet.
Section 27-2009.1 states:
Where a tenant in a multiple dwelling openly and notoriously for
a period of three months or more following taking possession of a
unit, harbors or has harbored a household pet or pets, the
harboring of which is not prohibited by the multiple dwelling
law, the housing maintenance or the health codes of the city of
New York or any other applicable law, and the owner or his agent
has knowledge of this fact, and such owner fails within this
three month period to commence a summary proceeding or action to
enforce a lease provision prohibiting the keeping of such
household pets, such lease provision shall be waived.
Sometimes the law is called the "pet waiver law." It requires the
landlord to enforce any existing provision of a current lease
prohibiting pets within three months of the tenant's taking
possession of an apartment, or Obtaining a pet, or forever lose
the right to do so. In this context, "enforce" means the landlord
must start an eviction proceeding in Housing Court based on the
"no pets" clause in the lease. Failure to start such proceeding
would render the restrictive clause unenforceable.
Additionally, once a three-month waiver period is established,
the replacement of a pet who has died with another would not give
the landlord a new opportunity to object.
The right to keep a pet in New York City apartments was
strengthened with the enactment of Section 27-2009.1 of the
Housing Maintenance Code in 1983.
: Be aware that the 90 day period beings anew if you get another animal or replace one of your cats.
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