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Question:
I just picked up an Akita puppy and everyone is telling me that this is a dangerous dog. I don’t care about the long tales, but someone just told me I will have problems concerning home owner’s insurance. Is this true?
Answer:
I have heard that some (but not necessarily all) insurers charge more, refuse to issue, or cancel homeowner policies if the homeowner has dogs of certain breeds, including (but not always) the Akita. There is legislation pending in Albany to disallow this practice but the bill has not passed yet. I suggest you shop around for the best policy and ask people with large dogs who insures them. Other suggestions are included at the American Kennel Club's website at www.akc.org.
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Question:
When I moved into my "pet-friendly" apartment, my landlord and I never discussed what kind of dogs I had, how many I had, or their weights. Shortly after being in my apartment I was ordered by my landlord to get rid of one dog because he said you are only allowed to have one. I refused to do so and we ended up working it out. Then, a few months later I was sent an eviction notice because my dogs were falsely accused of running loose and unattended on the property. I ended up also working that problem out. Now, my lease is over in February and my landlord would be okay with resigning a new lease for me but my management company will not allow it unless I get rid of both my dogs. I was told that pit bulls are not allowed on the premises but I have 2 surrounding neighbors with them. I called management to find out why it was okay for them to have these dogs but not me. I was told that the pet-policies were changed a few years ago and that dogs over 40 lbs. are no longer allowed. At that time, my breed as well as others were restricted as well, and that the people who have them were there before the policies were put in place. There is no one in the complex with more than one dog in their apartment, so I agreed to give one of my dogs up if I could stay but I was told that both of them would have to go in order to stay there. Being that I am already there and there are other pit bulls on the grounds, do I have any legal rights to stay there?
Answer:
You need to sit down with an attorney who can review your lease and who can advise you about your rights. It is unclear to me what your lease says about keeping pets, what it says about your renewal rights and if you are a rent stabilized tenant (who usually have renewal rights, subject to lease compliance). I suggest that you not focus on your neighbors' rights. Each situation can be different in terms of lease restrictions, how long the animals have been there, disability issues, etc. Even if your lease does not allow pets, if you are a rent stabilized tenant you still may be entitled to a renewal lease. New York City's and Westchester's pet laws provide for a waiver of no-pet lease clauses for the particular pets if the pets were kept openly for three months or more with the knowledge of the landlord or landlord's agent and the landlord did not commence a legal action to enforce the no-pet clause within this time period. If you are not a rent stabilized tenant but live in a multiple dwelling in NYC or Westchester, you still could have the protection of the law but you may not be guaranteed a renewal lease. If you live outside of NYC or Westchester, other issues may be raised, including disability. As you can see, there are many issues that need to be addressed before determining your rights. Again, it is important for you to make an appointment with a landlord/tenant attorney who can review your lease and explain your rights and options to you. Finally, since your landlord is allegedly on your side, I would think he would be in a good position to grant you permission. --------------------------------------------------------------------------------
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Question:
How many cats can you have in a house?
Answer:
Many localities throughout the state have pet limit laws. We don't track municipal laws so I suggest that you check with your town attorney's or town clerk's office to find out if there is such a law where you live and what it says. These ordinances are not often enforced unless there are complaints about noise or odors emanating from the house. However, the level of enforcement varies from place to place. The Court of Appeals in Minnesota did uphold such an ordinance in the City of Sauk Rapids several years ago. --------------------------------------------------------------------------------
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