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TenantNet Forum Archives 1996-2002
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Re: illegal cat/NYC

Posted by TenantNet on August 31, 1996 at 10:29:13:

In Reply to: illegal cat/NYC posted by Y. Yang on August 31, 1996 at 01:16:56:

: I got a kitten shortly after signing a lease for a year.
: The apartment is in a cooperative, and I am renting from an owner.
: I signed a Blumberg lease, which said no pets.
: The owner wanted two months security deposit. I said ok.
: When I moved in, I noticed a lot of people had dogs. There is also a cat
: owner on my floor. I don't know when these people got their pets, but
: because there were so many, I did not think the no pet clause was enforced
: in this building.
: Today I got (cc'd to me) a letter to the apartment owner (from the coop board)
: telling him his tenant (me) is in violation of the no pet clause. I have had
: my kitten for over four months. But there is no way to openly and notoriously
: own a kitten (they don't go for walks, etc, and I don't walk around the building
: announcing I have a kitten).
: The owner of my apartment was told I have about two weeks to remove the cat.
: I don't think I could do it that soon. My lease is up in 6 months. I wouldn't
: mind moving then. : What to do if I get sent an eviction notice, which is apparently the lessor's
: remedy under the pet law of 1983? : What can happen to my security deposit because of this?
: (the kitten causes no damage, is well trained - very quiet - just likes to sit
: on the window sill): Thanks for any help in advance ...

You seem to be aware of the Pet Law (see the CTRC Facts Sheets for a fuller
discussion of it). Did at any time a building worker come in the apartment?
Did you tell any neighbors? Open and notorious does not mean you have to put up a
sign. You could claim you are being discriminated against, but that might not
be a winner in the long run. If your strategy is to wait it out till the
end of your lease, there are ways to do that. You can dispute whatever facts they
allege. It takes a while for a court case to gear up. They have to send
you notices to cure, notices of termination and then court papers. And you
can always not pay the last month to effectively regain your security deposit.
If your strategy is different, you should then concentrate on proving
you had open and notorious possession of the pet for three months.

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