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Fourteen years have gone by since New York City
passed the Pet Law (§ 27-2009.1 of the Administrative Code
of the City of New York) protecting pets and their owners. Since
its passage in 1983, what is often called the Pet Law has been enforced
by many courts and agencies, and dozens of legal issues have been
resolved.
At the outset, pet owners should not be discouraged
by clauses in their leases that often appear to prohibit pets. Various
laws, including the Pet Law, override no-pet clauses in leases,
rendering the no-pet clause unenforceable. And the no-pet clause
itself is not always as prohibitive as it seems. Unfortunately,
people are often not aware of the laws pertaining to tenants and
their companion animals, and thus give up their pets unnecessarily
in certain circumstances.
Sound legal advice obtained early in the course
of events is essential; if it does become necessary for the pet
owner to go to court, chances of winning the case with attorneys’
fees awarded are often good. Knowing some of the laws yourself can
only help. What follows is a summary of those laws.*
Question No. 1. What is the Pet Law?
In its plainest reading, the Pet Law provides
that once a pet is harbored in a multiple dwelling (a building with
three or more residential units) for three or more months, openly
and notoriously (not hidden from the building’s owners, agents,
and on-site employees), then any no-pet clause in a lease is considered
waived and unenforceable.
1 The law applies in New York City. Westchester
County has a similar law (Westchester County Law § 695.01 et
seq.). New York City Housing Authority housing will be discussed
in more detail in Question No. 14. Pet owners living in buildings
with fewer than three units do have other defenses that have worked
on behalf of pet owners prior to the enactment of the Pet Law. (See
Question No. 13 for more details.) Shortly after the Pet Law was
passed, it was found to be applicable to cooperative apartments.
2 Most recently, an appeals court covering Brooklyn,
Queens, Staten Island and Westchester ruled that it also applies
to condominiums, but the appellate court covering Manhattan and
the Bronx has just ruled that the Pet Law does not apply to condominiums.
3 Coops and condos will be discussed in more detail
later in Question No. 8.
Question No. 2: What does it mean to keep your
pet openly and notoriously?
Notorious does not mean that your pet is an outlaw. As with much
legal jargon, the words “open” and “notorious”
seem to have evolved together in the law. The words are generally
intended to mean visible and apparent, i.e., not hidden. In interpreting
the Pet Law, most judges have tried to determine simply whether
or not the pet was hidden in any active way.
Thus, in Robinson v. City of New York, 579 N.Y.S. 2d 817 (Sup. 1991),
the landlord argued that because Cindy Robinson’s small dog
“Miss Muffy” was paper trained and did not go for regular
walks, the dog was not kept openly and notoriously. The court disagreed
and found that requiring that a pet be taken for daily walks was
an improperly restrictive and narrow criteria for proving open and
notorious and:
“would lead to a conclusion that all small
dogs or other animals whose masters elected to treat only as house
pets could not have the benefit of the law’s waiver [referring
to the Pet Law] even though they had been seen and noted by management
personnel . . . such a reading is arbitrary and capricious also
because it would seem to work most harshly against tenants who are
house bound for one reason or another, such as age or disability,
and who choose to have small dogs (or cats) as a companion without
the need to walk them.”
So, to keep a house-bound pet openly, you basically
just have to not hide the pet. When building personnel come to your
apartment for repairs or inspections, keep the pet, as well as evidence
of the pet (e.g., toys and dishes), in plain sight, or where you
normally keep them.
Question No. 3: In addition to keeping my pet
openly for three months (i.e., not hiding my pet), am I also obliged
to make certain that the owners and building agents know about him
or her?
It is clear from the Pet Law that the pet must
be kept openly for three or more months. Whether the owners of the
building or their agents must have knowledge of this fact for three
months is not as clear. Indeed, it was found by a court in Park
Holding Co. v. Tzeses that the statute was intended to create an
either/or requirement—either the building knew for three or
more months or the pet was kept openly for three or more months.4
And the legislative history supports the idea of constructive knowledge,
that is, if you keep your pet openly, the building’s agents
should have knowledge even if they do not. It may be useful to keep
notes on when and where an agent of the owners or management observed
(or should have observed) your pet. In any case, most courts try
to determine if the building agents knew or should have known about
the pet because of long-time open and notorious harboring of that
pet. The issue of who needs to know was addressed by an appeals
court in Amalgamated Housing Corp. v. Rogers, N.Y.L.J., 8/13/91,
p. 21, col. 2 (App. Term 1st Dep’t). In this case it was ruled
that knowledge by on-site employees was sufficient to cause a waiver
of the pet clause under the Pet Law. Thus, the actual owners of
the building, or management, do not need to know.
Question No. 4. What if my landlord threatens
that he or she will sue me for legal fees and evict me if I do not
“get rid” of my pet?
You should not be intimidated by such tactics.
First, you may have a very good case, and if you win, you may win
legal fees. Second, even if you do not prevail in court, you can
appeal and the court will generally give you time to cure a breach
of your lease (place your pet in a good home) after the court renders
a judgment. While in such an event you can lose legal fees, you
will probably not lose your apartment if you comply with the court’s
order to remove your pet. To be careful, you should contact a lawyer
seasoned in this area the moment a claim arises.
Question 5. Can my landlord evict me if I timely
remove my pet from my apartment after he or she sends me a notice
demanding that I remove my pet within a specified period of time?
In this situation, an effort to evict you for
not complying will not be successful because you fully complied
with your lease obligations. You should keep in mind, however, that
if you did have rights to keep your pet, you may very well have
hurt them by removing your pet.
Question No. 6: Will the three-month period be
extended if you enter into settlement talks with your landlord?
In one of the earlier cases under the Pet Law,
it was ruled that if a landlord holds off in commencing suit to
force you to remove your pet within the three-month period because
the landlord reasonably believes that there will be a settlement,
then the three-month requirement will not be so “literally
construed.”5 In other words, the three-month period may begin
to run only after settlement talks end. Therefore, settlement talks
may be detrimental to your rights under the Pet Law. It is best
to consult a legal expert in this area as early as possible. Similarly,
if your landlord sends any written communication to you about your
pet, you should save all such correspondence and immediately consult
an attorney.
Question No. 7. When and how must the landlord
start a legal action under the Pet Law?
Under the Pet Law, a landlord must commence a
suit within the three-month period to enforce the landlord’s
rights and not simply serve notice that he or she intends to bring
suit. In other words, if the landlord threatens but does not sue
during the three-month period which your pet is openly and notoriously
in your apartment, the landlord cannot remove your pet. And, well
before the enactment of the Pet Law, a long line of cases clearly
held that commencement of a lawsuit means service of a summons and
complaint or, in the case of a summary proceeding (such as a landlord-tenant
proceeding), the service of a notice of petition and a petition.
In other words, the landlord must serve you with a notice of petition
and a petition, or a summons and complaint, and not just inform
you that he or she intends to do so. This view has been affirmed
by the Appellate Division, First Department, which ruled that the
commencement of a suit is required. One should be aware, however,
that a higher court has also held that the dismissal of a suit on
technical grounds, such as improper service of legal papers, should
not cause a waiver of a no-pet clause, if that dismissed suit was
indeed commenced within the three-month period.
Question No. 8: Does the Pet Law apply to cooperatives
and condominiums?
The Pet Law states that it applies to tenants
with leases in multiple dwellings. Clearly, people who live in cooperatives
have proprietary leases. So, roughly a year after the Pet Law was
enacted, the courts held that the Pet Law indeed does apply to cooperative
buildings. In Corlear Gardens Housing Co., Inc. v. Ramos, 481 N.Y.S.
2d 577 Sup. (1984), the court stated that “all tenants, including
cooperative tenants, are in need of the protection of the Pet Law,”
481 N.Y.S.2d at 579. Thus, as long as the cooperative has three
or more residential units, the Pet Law applies.
Condominiums present a different issue, because
whereas condominiums’ by-laws and rules can restrict pets
much like a lease, there is no document entitled a “lease”
between the unit owner and the condominium board. However, an Appellate
Court has held that the Pet Law applies to condominiums, and this
applies in Brooklyn, Queens, Staten Island and suburban counties,8
while the Appellate Division covering the Bronx, and Manhattan came
to the opposite conclusion, ruling that the Pet Law does not apply
to condominiums. Thus, for now, the application of the Pet Law to
condominium owners will depend on where you live; but it may be
kept in mind that a renter in a condominium is subject to a lease
agreement (even if oral) and will, therefore, have the protection
of the Pet Law.
Question No. 9: Am I allowed to get a new pet?
You may have been able to keep your first pet
in your apartment but the time may come when your first pet is no
longer with you and you realize that you want very much to have
another pet, or you wish to get an additional pet. Are you allowed
by law to have one? Do the three months have to start all over again
each time you get another pet?
Courts in New York had held for more than a decade that once the
no pet clause is waived or found to be unenforceable for your pet,
it could not be revived by your landlord for a subsequent pet. Thus,
the next pet had been regularly allowed, whether or not the three
months had run a second time.9 However, while this pamphlet was
being prepared, a court (the Appellate Term) in New York City has
held that the waiver of the clause for your first pet will not act
as a waiver to the no-pet clause for your second pet. For people
living in Manhattan and the Bronx, and until a higher court decision
is rendered, the three months would generally have to run again
for any subsequent pet.
Question No. 10: For the Pet Law to apply, must
I first prove my landlord’s bad faith motive if my pet is
being used by the landlord as an excuse to evict me?
Throughout the history of the Pet Law, co-ops,
condos, and landlords have consistently argued that the Pet Law
should be enforced only when there is proof that the building is
retaliating against the tenant for some reason other than a real
desire to remove the tenant’s pet. However, nothing in the
statute requires such a reading. Indeed, New York already has a
statute protecting tenants from retaliatory eviction.10 But most
importantly, a court in Metropolitan Life Insurance v. Friedman11
held that proof of a retaliatory motive is not required. The court
stated:
“We reject plaintiff’s argument that
the statutory three-month period is inapplicable absent the finding
that a no-pet provision is being used as a pretext for a retaliatory
eviction or some other bad faith motive.”
Thus, if your landlord is retaliating against
you for something you have the legal right to do (such as make a
good faith complaint to a governmental authority) that may be an
additional defense you have in an eviction proceeding, but you do
not have to first prove this to win under the Pet Law.
Question No. 11. What happens if my pet is deemed
a “nuisance?”
If your pet is a nuisance, then the Pet Law may
not apply. The courts have held, and the Pet Law states, that if
a pet is a nuisance, the three-month waiver will not apply. Thus,
if the three-month waiver has occurred but your pet becomes a nuisance,
the landlord can bring a claim that your pet is a nuisance after
three months have passed. However, you must know that the courts
have held that an isolated incident (such as an occasional accident
in the lobby) does not make your pet a nuisance. Your pet may be
deemed a nuisance for substantially interfering with your neighbor's
use of their apartments ( e.g., frequent urination or defecation
in the hallway or lobby, constant barking, attacking other tenants,
or strong, objectionable odor coming from the apartment). If many
of your neighbors come to court complaining that their lives are
substantially and adversely affected by such proclivities on the
part of your pet, then the court will generally find that your pet
is indeed a nuisance.
If your pet is a nuisance, it is advisable to
seek the expert help of an animal behaviorist who may be able to
cure your pet of its nuisance behavior. In such an event, and assuming
your pet’s behavior changes quickly enough, a court may find
that you need not lose your home or your pet.
Questions No. 12: If I am disabled and have a
companion and/or service animal, what are my rights?
You may be protected by various laws allowing
you to keep your pet. For a full description of your rights contact
an attorney knowledgeable in this area, or, for advice, you can
contact: Delta Society, 289 Perimeter Road, Renton, WA, 98057; Delta
Society East Coast Office, 300 Park Avenue, 2nd floor, New York,
NY 10022; Canine Companions for Independence, Northeast Regional
Training Center, P.O. Box 205, Farmingdale, NY, 11735; Guiding Eyes
for the Blind, 611 Granite Springs Road, Yorktown Heights, NY, 10598;
or Canine Hearing Companions, 247 East Forest Grove Road, Vineland,
NJ, 08360.
Most people assume that a person with a hearing or seeing dog is
permitted to have their service animal with them in their home,
and they are. However, those with other disabilities may also be
protected. For example, New York Civil Rights Law § 47 provides
that “no person shall be denied admittance to and/or the equal
use of and enjoyment of any public facility solely because said
person is a person with a disability and is accompanied by a guide
dog, hearing dog, or a service dog.” This section of the Civil
Rights Law has been held to apply to housing and includes a wide
range of physical, mental and medical impairments. The law also
covers service dogs living with a person while the dogs are in training.
As just one example, the courts have held that depression, if medically
demonstrable, could be a mental impairment under the Civil Rights
Law. Further, there are federal, state and local laws giving rights
to the disabled to have a pet.
For example, a federal law, The Pet Ownership
in Assisted Rental Housing for the Elderly or Handicapped Act (12
USC § 170lr-1), allows tenants in that particular type of housing
to have pets. In addition, people who need their pets because of
a disability have also been allowed to keep pets in their homes
under another federal law, The Fair Housing Act (42 USC §§
3604).
Question No. 13: What if I do not live in a building
with three or more units and thus am not protected by the Pet Law?
In situations in which the Pet Law does not apply,
there is still hope. Since the laws of New York give a landlord
the right to proceed summarily, i.e., get a determination more quickly
than in most courts, this right is balanced with strict rules.12
Thus, even before the Pet Law was passed, courts held that if a
lease does not clearly tell the tenant that he or she may be evicted
for owning a pet, the tenant can not be evicted for having a pet.
Just as the lease clause must be abundantly clear,
the predicate notice (i.e., the notice to cure or terminate that
is usually required before a law suit may begin) must also be clear.
Here the courts have held that the language must be unequivocal,
and they have at times held that the particular lease clause that
is allegedly violated must be cited in the notice.
If rent is accepted after the termination date,
but before commencement of the suit, the notice will be considered
void and the landlord must start again if he or she chooses.
As you may be aware from consumer laws, contracts
in print that are too small or unclear may be unenforceable, because
they may not be allowed into evidence. Civil Practice Laws and Rules
§ 4544 provides that a residential lease (or other consumer
contract) that has printed type less than eight points or is unclear
is not admissible in evidence. So if the no-pet provision is visibly
unclear, or the print is too small, then the landlord will not be
able to place the lease in evidence to prove a case against a person
harboring a pet.
Question No. 14: What happens if I live in New
York City Housing Authority housing?
Some 180,000 apartments owned and operated by
the New York City Housing Authority are exempt from the benefits
of the Pet Law. However, it should be noted that people with disabilities
in New York City Housing Authority apartments may have the right
to have a pet if a doctor certifies that the pet is needed for the
person’s mental or physical health. In addition, more complicated
arguments exist that could expand the rights of people in New York
City Housing Authority apartments to have pets.
If you live in New York City Housing Authority
apartments, and you are given a notice to appear before the building’s
management or other agent because you have a pet, you should immediately
contact an attorney. Do not go to management alone and without getting
legal advice.
Question No. 15: What may happen if I live in
a building with three or more units but less than six units?
If you live in a building with three or more
units but fewer than six units you are protected by the Pet Law,
but your rights to renew your lease generally may be limited. If
you live in such a building you should contact an attorney immediately
if your landlord contacts you about your pet. Do not attempt to
negotiate yourself.
IT CANNOT BE OVEREMPHASIZED that legal advice from an expert in
issues pertaining to animals should be obtained as soon as problems
arise regarding your pet and before you are about to get a new apartment
or pet. Sound legal counsel obtained early may prevent or minimize
problems, whereas negotiating with management or owners yourself
could have a detrimental effect on your case.
Footnotes
1. § 27-2009.1 of the New York City Administrative
Code provides: “b. Where a tenant in a multiple dwelling openly
and notoriously for a period of three months or more following taking
possession of the unit harbors, or has harbored a household pet
or pets . . . and the owner or his or her agent has knowledge of
this fact, and such owner fails within this three-month period to
commence a summary proceeding or action to enforce the lease provision
prohibiting the keeping of such household pet, such lease provision
shall be deemed waived. . . .” c. It shall be unlawful for
an owner or his or her agent, by express terms or otherwise, to
restrict a tenant’s rights as provided in this section. Any
such restriction shall be unenforceable and deemed void as against
public policy.” [emphasis added]
2. In Corlear Gardens Housing Co., Inc. v. Ramos,
126 Misc. 2d 416, 481 N.Y.S.2d 577 (Sup. 1984), the court made three
basic and crucial findings. First, the Pet Law did not violate the
Urstadt law which “was not intended to place restrictions
on a municipality other than with respect to rent control regulation.
. . . The Urstadt law was passed by the legislature to restrict
municipalities from enacting more stringent economic and rent controlled
restrictions and in order to encourage the construction of new housing
in the City of New York . . . ” 481 N.Y.S.2d at 579. Second,
the court found that there was no reason to exclude cooperative
owner-shareholders and tenants from the Pet Law. Last, the court
found that the Pet Law was retroactive because it was remedial legislation.
The court cited from another case on point called Garsen v. Nimmo,
which upheld retroactivity “in light of the law’s remedial
purpose as expressed in the stated legislative declaration—to
wit that under the existence of the continued housing emergency
it is necessary to protect pet owners from retaliatory eviction
and to safeguard the health, safety and welfare of tenants who harbor
pets . . . [and] to prevent potential hardship and dislocation of
tenants within this city’ (See Gordon & Gordon v. Matavan,
Ltd., 108 Misc2d 349, aff’d 85 A.D. 2d 937; Tegreh Realty
Corp. v. Joyce, 88 A.D.2d 820).” And apart from the above
cases, the legislative declaration of the Pet Law states that “because
household pets are kept for reasons of safety and companionship
. . . it is hereby found that the enactment of the provisions of
this section is necessary to prevent potential hardship and physical
dislocation of tenants in this city.”
3. The Appellate Division, Second Department in
Board of Managers v. Lamontanero, 616 N.Y.S.2d 744 (2d Dept 1994)
held that the Pet Law is applicable to condominiums. The court noted
that while the Pet Law does not “specifically include or exclude
condominiums, it is conceded to apply to multiple dwellings that
consist of rental apartments and it has been applied to residential
apartments [citations omitted].” The court went on to find
that the only buildings specifically excluded from the Pet Law were
those owned and managed by the New York City Housing Authority.
The court held that “[t]hus, had it chosen to do so, the city
council could easily have broadened the exclusion or more specifically
identified other structures not intended to be covered by Article
27 (See, McKinney’s Cons. Laws of N.Y., Book I, Statutes,
§§ 74, 240; See also, Corlear Gardens Housing Co., Inc.
v. Ramos, 126 Misc.2d 416, 481 N.Y.S.2d 577). The court concluded
that “it would be pernicious to create an exception for condominiums
from the generally beneficial requirements of Article 27 of the
Administrative Code [the Pet Law]. In addition to substantive harms,
an exception for condominiums could lead to anomaly such as permitting
the tenant of a condominium owner to invoke the protection of the
“Pet Law,” while the condominium owner himself could
not.”
However, the Appellate Division, First Department, in the Board
of Managers of the Parkchester North Condominum v. Nicholas Quiles,
held that the Pet Law is not applicable to condominums, reasoning
that, by its terms, the Pet Law only applies where there is a landlord
tenant relationship and this is not true of condominiums. The court
noted that the law refers only to “covenants contained in
multiple dwelling leases and that condominums are a form of fee
ownership.” The First Department expressly stated its disagreement
with the Second Department as follows: “We disagree with the
Second Department that condominiums should be deemed covered by
the Pet Law because not explicitedly excluded” (but see Board
of Mgrs. v. Lamontanero).
4. 17 HCR 251 (Civ. Ct.NY), aff’d NYLJ 4/13/89,
p.22 col. 6 (App Term, First Dept. 1988). The lower court in Tzeses
stated:
“Section 27-2009.1: A landlord waives the right to enforce
a no-pet clause by failing to commence suit within three months
after learning of an animal’s presence. The waiver applies
where landlord lacks actual knowledge but is chargeable with such
knowledge by the tenant’ conduct—e.g., frequent goings
and comings in view of building employees. [Note: the statute speaks
of the tenant’s harboring the pet “openly and notoriously
. . . and the owner or its agent hav[ing] knowledge of this fact”
[author's emphasis, but the necessary inter-pretation of “and”
in this instance is as the disjunctive “or.”]
See McKinney’s Statutes, Secs. 143, 144, 145 and 341; also
see Bowne Overseas Corp. v. Paries, Queens Civil Court, L&T
17956/85 (not reported). Thus, the defense is established even if
tenant proves only constructive notice.”
5. In Park Holding v. Lavigne, 498 N.Y.S.2d 248
(1985) the Appellate Term held that a belief that the matter was
about to be settled allowed the landlord to refrain from instituting
court proceedings. However, the court did find and held that the
service of the notice to cure and notice to terminate had to come
within the three month period under these circumstances. It should
also be noted that nothing in this decision should be construed
to simply allow service of a notice to cure and terminate within
the three month period because the Appellate Term, in later decisions
of Park Holding Co. v. Tzeses, supra and Arwin 74th Street Co. v.
Rekant, supra, held that an action or proceeding is “commenced”
(for purposes of the Pet Law) by service of process of the actual
lawsuit which must be done within three months absent Lavigne circumstances.
6. In Arwin 74th Street Co. v. Rekant, NYLJ 12/19/88
p.23, col.4 (App. Term 1st Dept.) aff’d 151 A.D.2d 1056 (1st
Dept. 1989) the Appellate Division, First Department affirmed the
Appellate Term’s holding that the failure to commence a suit,
as opposed to merely serving predicate notices, will cause a waiver
of any no pet provision to occur under the Pet Law.
7. See, Baumrind v. Fidelman, 584 NYS2d 545,
183 A.D.2d 635 (1st Dept. 1992). It is interesting to note that
the Baumrind court cited Brown v. Johnson, supra, with apparent
approval for the proposition that “the right to enforce the
no pet clause is waived for a ‘failure to bring a proceeding.’”
Also Justice Kupferman dissented and would have reversed for the
reasons stated in the lower court ruling of Judge Mark H. Spires
(who wrote the McCullum v. Brotman decision) and would have thereby
held that the failure to properly serve the lawsuit within the three
months causes a waiver under the Pet Law.
However, the Appellate Division, First Department, in the Board
of Managers of the Parkchester North Condominum v. Nicholas Quiles,
held that the Pet Law is not applicable to condominums, reasoning
that, by its terms, the Pet Law only applies where there is a landlord-tenant
relationship and this is not true of condominiums. The court noted
that the law refers only to “covenants contained in multiple
dwelling leases and that condominums are a form of fee ownership.”
The First Department expressly stated its disagreement with the
Second Department as follows: “We disagree with the Second
Department that condominiums should be deemed covered by the Pet
Law because not explicitedly excluded” (but see Board of Mgrs.
v. Lamontanero).
8. In Board of Managers v. Lamontanero, supra,
the Appellate Division stated:
“The legal status of the occupant of a multiple dwelling unit
(i.e., whether he pays rent, owns cooperative shares, or is the
owner in fee simple of a condominium unit) is not relevant to the
purposes of the statute, which include preventing abuses in the
enforcement of covenants prohibiting the harboring of household
pets and preventing the retaliatory eviction of pet owners for reasons
unrelated to the creation of nuisance.
“We conclude that it would be pernicious to create an exception
for condominiums from the generally beneficial requirements of Article
27 of the Administrative Code [the Pet Law]. In addition to substantive
harms, an exception for condominiums could lead to anomalies such
as permitting the tenant of a condominium owner to invoke the protection
of the ‘Pet Law,’ while the condominium owner himself
could not.”
9. Park Holding Co. v. Eimecke, Index No. 570567/95,
decided April 12, 1996. There are several lower court cases to the
contrary. For example, in Brown v. Johnson, 527 N.Y.S.2d 679 (NY
City Civ. Ct. 1988) the court held that “it appears that the
only reasonable reading of the statute is that failure to bring
a proceeding constitutes a waiver of the clause in the future. The
Section refers to a tenant who harbors or has harbored a household
pet or pets. The inclusion of the past tense can only mean the reference
to situations such as the one at bar.” 527 N.Y.S.2d at 680.
And similarly in McCullum v. Brotman, N.Y.L.J. 5/11/88, p.14, col.
4, the court held that once there is a waiver with the first pet,
such waiver “is the relinquishment of a legal right. The courts
have held that once a right has been waived, it cannot be revived
to the detriment of a party who has relied on a waiver.” And
the lower court in Park Holding Co. v. Eimecke, NYLJ 7/24/95 p.32,
col.3 held that once the waiver occurs, the no pet clause is waived
not only for the current, but also for future pets. Finally, the
Appellate Division, Second Department ruled in Megalopolis v. Buvron,
110 A.D.2d 232, 494 N.Y.S.2d 14, that once the three months passed,
and no suit was commenced, then the “lease provision shall
be deemed waived.” This appears to stand for the proposition
that once the waiver has occurred, it is not to be taken away.
10. See Real Property Law § 223-b, which
prohibits landlords from commencing a suit to recover an apartment
when they are retaliating against a good faith complaint by a tenant
to a governmental authority, or for other actions taken in good
faith to secure certain rights of a tenant. If this section is violated
by the landlord, then a suit could not be maintained even if the
three months had not expired.
11. Metropolitan life Insurance Co. v. Friedman,
613 N.Y.S.2d 8, 205 A.D.2d 303 (1st. Dept. 1994).
12. The Real Property Actions and Proceedings
Law, Article 7, sets forth the right for the landlord to maintain
a summary proceeding and CPLR Article 4 is also on point.
Keeping Spot and Fluffy Home: Pets in NYC Housing
Committee on Legal Issues Pertaining to Animals
Gilda I. Mariani, Chair
Dori A. Lewis, Secretary
Neil Abramson
Nancy Ashley
Victoria Brademann
Frances B. Carlisle
Kevan Cleary
Marjorie Cramer
Todd Davis
Patricia Doyle
David M. Fish
Rober Friedlander
Michael L. Galeno
Anastasia C. Gargas
Caryn Glasser
Diane Gover
Donald Graham
Jane Hoffman•
Tamara Loomis
Christine MacMurray•
Marie Mar
Laura Melissa Mattera
John McKew
Nancy Milburn
William S. Strauss
Mariann Sullivan
Darryl M. Vernon•
Lisa B. Weisberg
David Wolfson
Susan J. Zach
* Member of Subcommittee on Companion Animals
Issues
This brochure was printed with the generous support
of the American Society for Prevention of Cruelty of Animals and
with additional assistance from the Humane Society of New York.
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