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Posted by W Cramer on January 29, 1999 at 19:25:29:

I just signed a lease for a rent stabalized 1 bedroom apartment that was
very clear that having a cat or dog was a "substantial violation of the
lease". I should note that the same page states that only myself will be
the 1 person living the apartment ...later in the lease its states that
ALL clauses (including parking in driveway) are substanstial violations of
the lease. AND that after I live in the apartment for 3 weeks an inspection
of compliance will take place. This all made me very nervous but my Rental
Agent insisted that the landlord rarely follows through with all this and
that my cat should not be a problem if I'm not obnoxious about it.
I should mention I paid the super a fee of 1/2 month cash through this
agent which I now find out is illegal. Obviously this all makes me
extremely nervous now that the initial excitement of taking a great apartment
has worn off.

A few questions:

Just how likely is it for a landlord to proceed to evict for ownership of
a cat? Have their been any real cases of this in NYC? I could not find any
cases about this in a case archive....

Second is this lease valid? I know very well under law for stablized apartments
that once I make this apartment my primary residence I can take a roommate
without permission and I'm only required to notify the super or landlord
within 30 days of roommates occupancy. So does one illegal part of the lease
make the rest illegal?

Finally is the inspection legal? I want to change the locks as soon as I
take possession on the 1st. What is a landlord allowed to do with regards
to a rent stabilized lease...can they inspect whenever they feel like it?
even if they make that a lease clause.

Any answers would be greatly appreciated....

W Cramer

Follow Ups:

• Enforcement of no-pet clause with regards to cats DK 1/30/99 (1)
  • Re: Enforcement of no-pet clause with regards to cats W Cramer 1/30/99 (0)
• Re: Enforcement of no-pet clause with regards to cats John E. Marre 1/29/99 (2)
  • Re: Enforcement of no-pet clause with regards to cats W Cramer 1/29/99 (1)
    • Re: Enforcement of no-pet clause with regards to cats John E. Marre 1/30/99 (0)
• Re: Enforcement of no-pet clause with regards to cats satori 1/29/99 (1)
  • Access DK 1/30/99 (0)

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Comments:
: I just signed a lease for a rent stabalized 1 bedroom apartment that was 
: very clear that having a cat or dog was a "substantial violation of the 
: lease".  I should note that the same page states that only myself will be 
: the 1 person living the apartment ...later in the lease its states that 
: ALL clauses (including parking in driveway) are substanstial violations of 
: the lease. AND that after I live in the apartment for 3 weeks an inspection 
: of compliance will take place.  This all made me very nervous but my Rental
: Agent insisted that the landlord rarely follows through with all this and 
: that my cat should not be a problem if I'm not obnoxious about it.  
: I should mention I paid the super a fee of 1/2 month cash through this 
: agent which I now find out is illegal.  Obviously this all makes me 
: extremely nervous now that the initial excitement of taking a great apartment
: has worn off.

: A few questions:

: Just how likely is it for a landlord to proceed to evict for ownership of 
: a cat? Have their been any real cases of this in NYC? I could not find any 
: cases about this in a case archive....  

: Second is this lease valid? I know very well under law for stablized apartments
: that once I make this apartment my primary residence I can take a roommate 
: without permission and I'm only required to notify the super or landlord 
: within 30 days of roommates occupancy.  So does one illegal part of the lease 
: make the rest illegal?  

: Finally is the inspection legal?  I want to change the locks as soon as I 
: take possession on the 1st.  What is a landlord allowed to do with regards
: to a rent stabilized lease...can they inspect whenever they feel like it? 
: even if they make that a lease clause.

: 
: Any answers would be greatly appreciated....

: W Cramer 


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