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Question:
I been having a dog for about 8 months and the management company is telling me that there are no dogs allowed and the only way I could keep the dog is if I am disabled and get the doctor to sign papers. Is there anything else I could do?
Answer:
If you have a no-pet clause in your lease, clearly you will have a more difficult case than if your lease says nothing about pets or permits pets. Sometimes landlords are willing to negotiate with tenants if the tenant will pay an additional amount of rent to keep a pet when the pet was otherwise not allowed. You should consult with an attorney in your area who can review your lease and advise you.
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Question:
We moved into a rent stabilized building in May of 2007. We got a dog for own son for Christmas. Our landlord came to our house to pick up the monthly rent a few days after obtaining the puppy and gave us verbal permission to keep the dog as long as there was no damage to the apartment. This was agreed upon. A couple of weeks later, a different representation of the management company/landlord were visiting a newly arrived tenant next door who had moved in with a dog. When the tenant next door was told that she was not supposed to have a dog, she replied the tenants next door have one. Later that day, we received a call from our landlord indicating that we had to remove our dog from the premises. The next day, I contacted the landlord and requested that we be granted permission to stay until the expiration of out current lease. At which he responded that he could not legally entertain such an idea. Coincidently, there is another tenant on the first floor of the apartment building that has a full grown dog. When I inquired as to the difference between that tenant and us regarding pet ownership. It was told to me by the landlord that that tenant lived here when he purchased the building in January of 2007. When I indicated that it was almost one year later and that he had to have offered a lease renewal during that time to that tenant, he gave me no concrete answers. We have now been served with a letter from the management company/landlord's attorney indicating that we have to remove the dog within 2 weeks or he will start eviction proceedings. The letter is also offering my initial suggestion of moving out at the end of the lease. My husband and I would now like to fight the removal of our pet. We have been told through some research that we have rights as pet owners and that there are pet laws. If you could even at bare minimum give me a starting point on how to defend ourselves and our pet. Our plan from day one of moving to this apartment building has been to move by 2 years from the move in date in to our own home. Rather than being forced out when we are not ready, we need to now a have proactive course of action. Thank you in advance for any assistance that you provide.
Answer:
Below is a copy of New York City’s pets in housing law. If the action against you is not commenced within three months of the pet being kept openly in the apartment with the knowledge of the landlord or landlord’s agent, you should have a good case under this law. Courts have held that the mere sending of notices to cure or other letters threatening eviction if the pet is not removed do not constitute the commencement of the action. In other words, generally if landlords want to preserve their rights to enforce the no-pet lease clause, they must within the three month period actually have the tenant served with papers to appear in court, not simply letters threatening to do so. You may have additional rights if anyone in your family living with you has a disability. The fact that other people in the building have pets will not usually help tenants in their own cases since the landlord may have waived the no-pet clause by not commencing the case against these other tenants in a timely fashion or the tenants may have a disability or a different lease provision. There is no requirement in the law that in order to enforce a no-pet clause, the landlord must enforce it against every tenant. I suggest that you retain an attorney to represent your interests in this matter.
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Question:
My 87 year old mother lives in a senior independent living apartment. Many tenants have cats and we were told they were allowed. My mother moved in six months ago and got a cat after living there two months. As of today, the managing agent is asking everyone who has a cat for a $350 non-refundable fee. There is nothing in the lease that mentions pets or fees. Do they have a right to do this? Shouldn't pet regulations be part of the lease? Most of the seniors have very limited incomes and this fee is a hardship. Your answer will be most appreciated.
Answer:
Normally, if a lease does not provide for fees, they cannot be charged. Also, if the lease does not prohibit pets, landlords typically cannot prohibit them during the lease term. Tenants must consider, however, what renewal rights they have since sometimes landlords are not obligated to renew leases. This can present problems for tenants who have a difficult relationship with the landlord. Darryl Vernon, an attorney in Manhattan who routinely handles pets in housing cases, has this to add: “The lease does control. If there is no prohibition against pets, and no provision that allows such a charge, then the agent - or landlord - cannot get this fee. However upon the end of the lease, the landlord may not have to renew if there are no renewal rights. If the pet is medically helpful, and the senior citizen has a substantial disability, then the disability laws may protect both current and future pets as well as a right to renew.”
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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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