Housing
 
Question:

We currently own a co-op in Queens, NYC and when we first bought the apartment, we were told we would be allowed to have pets. A lot of the other tenants and residents here own pets as well. So we got a dog back in August and in November the management office informed us it is not allowed. The contract signed when we first bought the place also says no pets, but we overlooked it. I read about the Pet Law in NYC and we definitely had the dog for more than 90 days (without hiding it) before we were notified about it being "illegal." Does the co-op board have the right to fine us for the pet after the 90 days? And do we really have to get rid of our dog? Is there any way around this?

Answer:

You may be protected under New York City’s pet law which actually requires the owner to commence the lawsuit (not just inform the tenant) within three months (although the three months is not from the date the person brought the animal to the apartment but the date the animal was kept openly with the knowledge of the owner or owner’s agent). When the owner or owner’s agent became aware of the pet is a question of proof that both sides present evidence on in court (if the case gets that far) and then it is up to the judge to determine whom he/she believes. Subdivision c of the law (which is reprinted below) would make it unlawful for coops to fine people who have protection under the pet law since it would result in restricting tenants’ rights. Keep in mind that persons with physical or emotional disabilities have additional rights to keep animals. I suggest that you consult with an attorney who handles pets in housing cases to discuss your situation. While I cannot specifically recommend an attorney, here are a couple of names of attorneys who routinely handle such cases: Darryl Vernon, 212-949-7300 and Karen Copeland, 516-594-9498. I don’t know their fees. Best of luck.


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Question:

Is there a law in New York for an outside dog if the temperatures go below 30 or 25 degrees that the dog should be brought inside? Is there any law regarding the cold weather even if the dog has a dog house. Thank you

Answer:

New York State law provides that dogs who are left outdoors in inclement weather must be provided with shelter “appropriate to its breed, physical condition and the climate.” The law further provides that dogs left outdoors in such weather be provided with a dog house that has a waterproof roof, is structurally sound with insulation sufficient to protect dog from inclement weather, and be constructed to allow dogs freedom to stand up, turn around, and lie down with limbs outstretched. New York’s cruelty to animals law also provides that animals must be provided with necessary sustenance. Some localities have additional laws relating to the treatment of animals and for that you should contact your local town attorney or town clerk’s office. If you know of a dog who you believe is not being provided with adequate shelter, contact the ASPCA in New York City (212-876-7700) or your local SPCA, police, and animal control officer if outside of New York City.


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Question:

When I moved in my co-op 17yrs ago dogs were allowed. About 4yrs ago no new dogs were allowed. I had to stop work after 27 years of employment because of depression, high blood pressure and diabetes. My psychiatrist wrote the board asking if I can have a small dog. I hadn’t heard from them, so I got one. Two months and three weeks later, I got a letter stating that the dog goes or I do. So I got rid of the dog, not knowing that I could have fought the case. I want to get another dog that dog keeps me going. My dog got me out each day to walk her and play with her - she made me happy. I have been in the hospital twice since then. I am so very depressed. What can I do? Dogs are still in the building, big and small. And I cannot afford a lawyer. Please help me.

Answer:

Housing discrimination based on a person’s disability is illegal. The Fair Housing Act protects the right of people with disabilities, including emotional disabilities, to keep animals even if such person has a no-pet lease. Essentially, landlords must make reasonable accommodations in rules, policies, and practices to afford a disabled person with the opportunity to enjoy his/her dwelling. Often a letter from a physician or therapist stating that the tenant has a disability which limits a major life activity and that a support animal is needed for the tenant to use and enjoy the dwelling is sufficient. I suggest you contact the board again with a letter which meets these criteria from your psychiatrist. If that still does not work, you can file a fair housing complaint.


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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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