---

Posted by TenantNet on September 30, 1996 at 17:12:29:

In Reply to: new pet law posted by J. Stenzel on September 30, 1996 at 13:13:44:

: Regarding Section 27-2009. I live in a "privately-owned multiple
: dwelling" but the lease did say "no pets." The managers said I could
: have a cat though. I did have a rabbit for more than 3 months during
: which time the super came in to fix something, and at least 1
: neighbor saw him when I took him to the vet. Nothing happened.
: Sadly, my rabbit died, and when I planned to get another, the landlord
: said no. Anyway, does the new law apply to apts that say no pets? Thanks.

I believe this was enacted aroudn 1983, so it's hardly new. And most of
us live it private multiple dwellings -- i.e., not public housing.
The law means that even if the lease states no pets, the owner can
"waive" his right to enforce that provision of the lease. If he brought
you to court on a holdover for failing to abide by the lease provision,
(i.e., breach of lease), then you could use his statutory waiver as a defense.
Your burden would be to show you kept it "openly and notoriously" which
is more or less determined on a case-by-case basis. I believe if one pet
dies you are allowed to get a replacement and the owner's failure to
object carries to the replacement pet.

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: : Regarding Section 27-2009.  I live in a "privately-owned multiple
: : dwelling" but the lease did say "no pets."  The managers said I could 
: : have a cat though.  I did have a rabbit for more than 3 months during
: : which time the super came in to fix something, and at least 1
: : neighbor saw him when I took him to the vet.  Nothing happened.  
: : Sadly, my rabbit died, and when I planned to get another, the landlord
: : said no.  Anyway, does the new law apply to apts that say no pets? Thanks.

: I believe this was enacted aroudn 1983, so it's hardly new. And most of
: us live it private multiple dwellings -- i.e., not public housing.
: The law means that even if the lease states no pets, the owner can
: "waive" his right to enforce that provision of the lease. If he brought
: you to court on a holdover for failing to abide by the lease provision,
: (i.e., breach of lease), then you could use his statutory waiver as a defense.
: Your burden would be to show you kept it "openly and notoriously" which
: is more or less determined on a case-by-case basis. I believe if one pet
: dies you are allowed to get a replacement and the owner's failure to
: object carries to the replacement pet.


Optional Link URL:  
Link Title:         
Optional Image URL: 

---