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Question:
Is there a similar 90-day waiver of pet rule in Nassau County?
Answer:
Nassau County does not have a no-pet lease clause waiver law. These laws are in NYC and Westchester. Tenants should consult with an attorney who can still make legal arguments for the keeping of an animal in Nassau County, even if the tenant has a no-pet lease clause. --------------------------------------------------------------------------------
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Question:
I have been an owner of a one-bedroom co-op in Kew Gardens for the past 2.5 years. Last February, I adopted two small/toy breed rescues being aware of a no-pet law of my building (even though many renters do have dogs, big and small). Couple of weeks ago received a letter from the co-op lawyer instructing me to "cure" the problem of my dogs, or the Lessor will elect to terminate my lease in accordance with applicable provisions of the law. Can they throw me out of my lease, even though I own the apartment? Can I legally apply for an extension of my lease in order to look for a more pet-friendly co-op? What action should I take?
Answer:
Under New York City's pet law which applies to coop shareholders (and most renters, some condo owners but not NYC public housing which has other laws applicable to it), if you have kept your dogs openly for three months or more with the knowledge of the owner (that could be the board) or owner's agent (such as a super, doorman, security guard, or other personnel routinely in the building) and within this time period the owner does not commence a legal proceeding to enforce the no-pet lease clause, the no-pet lease clause is deemed waived for that pet or pets. If you got your dogs this past February (just a couple of months ago) your case will be more difficult than if you got the dogs a year and two months ago. (I wasn't sure from your question which February you were referring to.) There are also laws to protect physically or emotionally disabled people who have animals. Sometimes, coops will negotiate and sign a stipulation granting additional time to remove an animal or move. Sometimes, letters are sent by coops but no action is actually commenced within the three month period referred to above. As a result, the pet law will help the tenant. Coops can commence legal actions against shareholders The court would decide the case. The coop cannot simply throw you out. For further information, you should consult with a landlord/tenant attorney in your area. --------------------------------------------------------------------------------
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Question:
I live in a Queens coop that also rents. I moved there approx. 17 years age and moved in with my German shepherd. At that time it was an extremely pet friendly building and there has never been a no-pet clause or any restrictions placed on having pets in my lease. My first dog passed away and was replaced by a second German shepherd that I adopted while working at North Shore Animal League. She was six weeks at the time and is now 8 years old. During the past several years people have moved into the building that is afraid of and do not like large dogs. They also have become board members. Last night I got a letter from the building's management that was written to the owner I rent from and cc'd to me. The letter stated that it was brought to their attention my dog was not being muzzled while entering and exiting the building and that my landlord (my apartment's owner) could be faced with heavy fines if I refuse to comply. My dog is always leashed and under my control while outside my apartment. I was never sent notification of a change in building policy requiring dog owners to have their dogs muzzled, neither was my landlord informed of any change of policy. I checked with other dog owners in the building and they weren't given any notification that their dogs needed to be muzzled. None of the other pet owners ever muzzle their dogs or have been asked to and this includes a family who owns a very friendly pit bull. My question is can this be considered discrimination or harassment and if the building continues to single me and my dog out, what would be my legal recourse and the best way to protect myself? The letter just feels very threatening. Thank you for any insight into this matter.
Answer:
If you are a rent stabilized tenant, the terms of your original lease cannot be changed to remove rights and you normally would be entitled to a renewal lease under the same terms and conditions as your original lease. If the lease contained no restrictions on the keeping of dogs and no language allowing the landlord to promulgate rules on the keeping of dogs, it is unlikely that you could now be required to use a muzzle (unless your dog has attempted to bite someone). If you are not a rent stabilized tenant, when your lease expires your landlord could choose not to renew your lease. That sometimes happens for a variety of reasons, including when a tenant does not comply with the demands of the landlord (even if the tenant believes the demands are unfair). Sometimes when coops promulgate rules, they don't follow procedures specified in their by-laws or by law. In these instances, the shareholders can challenge the rules. This is something your landlord can consider doing. Even though it appears you are being singled out, a discrimination case is normally one based on race, religion, ethnicity, age, sexual orientation, disability, and the like, not the keeping of a dog. The letter you described would probably not be considered harassment under the law. I suggest you consult with a landlord/tenant attorney who can review the matter more thoroughly and advise you further.
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Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
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