Posted by Ace on March 29, 2001 at 12:09:23:
In Reply to: Pet Law and Rent Stabilization posted by Angela on March 23, 2001 at 13:15:38:
LL has right to ban pets except in the case of "service animals" used by blind, deaf or physically or mentally handicapped people.
Look to your lease for a clause for pet vs no pet. LL can take away tenant right by crossing out something in Clause 14 that reads "and _____ under the following conditions: _______,", or put the word "None" in the blanks.
In both New York City and the County of Westchester, landlords have only three months to take action against a tenant who violates a no-pet rule. The three month period beings to run as soon as LL or one of LL's employees, learns of the pet. If LL waits more than 90 days to ask tenant to remove pet, these "pet laws" give the tenant permission to keep the pet -- REGARDLESS of what the lease or rental agreement says. (NYC Admin Code Section 27-2009.1; Laws of Westchester County Section 694.)
In buildings with 3 or more units a "no pets" provision is waived if:
- tenant "openly and notoriously" keeps a pet for three months or more
- LL or agent knows about the pet, and
-- LL fails to object to the pet within 3 month period .
Check case: Lewis Morris Associates v. Rodriguez, N.Y.L.J., 2/25/98, pg. 30, Col. 6 (Cir. Ct., Bronx County).) Case's point: LL is deemed to "know" about a dog, if, for instance, a tenant openly walks the pet every day within sight of doormen, security guards, or other building staff.
The only issue LL may try to get you on is excessive noise by pet may fall under breach of warranty (Central Park Gardens, Inc. v. Klein, 107 Misc. 2d 414, 434 N.Y.S. 2d 125 (Civ. Ct., N.Y. County, 1980).)
I read your subsequent posting and if you have been a tenant in good standing (pay rent on time, not a nuisance, don't throw loud parties and such) then LL doesn't have a leg to stand on.
Also check out this book, by Nolo Press: Dog Law by Mary Randolph. It may be at your local bookstore or you can order it from the Nolo website (www.nolo.com)
It wouldn't hurt to get a lawyer to verify this info and the pet law in general that would apply to your situation. Good luck and let us know what happens.
: Hello. I've got a letter from the building management threatening to evict us because they found out we have a dog. I research the Pet Law in NYC (I live in Brooklyn in 6 store building) and I beleive this law applies to us, because the dog has been living with us for 2 years and always kept openly and notoriously, superintendant likes to play with him, we have tons of pictires and video tapes with our dog inside the apartment and outside the building. But my concern is that even if we would win and continue to keep the dog they probably would not renew the lease for the next term (lease expires September 30, 2001), but looking for the new apartment is not what we need now (I just had a baby last month). I know that for rent stabilize apartment they HAD to renew lease, but I have no idea what my apartment is. How can I find out what my apartment is and if it is not rent stabilize do I have any rights to have my lease renewed. By the way we never had any other problems with management (always pay in time, no complains from neighbors).
: Thanks in advance, Angela.
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