Posted by TenantNet on February 04, 2002 at 15:15:03:
In Reply to: Cats? Harrassment? posted by Roxanne on February 04, 2002 at 10:43:54:
It appears the other responders missed the point(s).
As for visitors, you are allowed to have visitors, even at 3 a.m. If the visitors create noise, that's another story -- but that is independent of their being visitors (tenants can't create noise at 3 am). You are allowed to have a roommate (I assume you're in NYC). The real property law (see it on tenant.net) allows (at least) one unrelated roommate, and your relationship with that roommate is none of the landlord's business (whehter it's economic or emotional). If the landlord asks, you are required to give the landlord the person's name, but that's it. Just don't volunteer the information until asked.
As for pets, see the NYC Pet Law on tenant.net. In short, if you keep a pet "openly and notoriously" for three months or more, then you're off the hook. If the landlord is aware of the pet, or the super was in the apartment when the pet was there, then that's considered to be knowledge on the LL's part. So wait three months. If he doesn't bring a court proceeding, it should be OK (that does not mean he won't give you grief). Research the pet law on tenant.net, especially on Housing Court Decisions. Probably, the three months start with the new cat. There was a case years ago where a tenant replaced a deceased dog and asserted that his right to keep the first dog thereby gave him the right to the second. I don't remember the details, but I think this case went back and forth on appeals and I don't remember the final outcome. So count the time on the second pet. And in your research, see if the LL just needs to object, or if they need to actually bring a proceeding. A phone call does not rise to a written notice.
: I have been living at my apartment for almost 2 years now, and my lease is up in August...
: When I first moved in, I agreed to my landlord that I wouldn't have any pets, and I didn't for a while. Then, I brought a beautiful cat into my home. The landlord called me at work sometime after 3 months and told me that my cat was seen in the window and that I was not allowed to have it. I told him I was catsitting, and that I would no longer have her in my home...and that's exactly what I did. Then out of the need to have an animal companion, I got another kitten. The reason for this is because there are definitely other tenants in this building with animals. I have seen plenty of cats in the window and a woman with a dog who walks in and out of the apartment freely...so obviously there are exceptions.
: I am also getting more aggravated at the fact that even before this situation, the landlord calls me at work from time to time and accuses me of having people come in all hours of the night (which I dont, but even if I did, it's none of his business) And that I have teenagers running around the building. He also tried to say that I had someone living with me (which is my boyfriend who stays with me often). I honestly feel that I am being discriminated because of my age and because of my boyfriend's race.
: The way he found the cat was that the super found my garbage with kitty litter and my mail. Wouldn't that be found wrong in a court of law - that he went through my mail and trash? Can I get evicted? Help!!!
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