Co-op Waived Monetary Penalties Against Shareholder Tenant Who Violated No-Pet Policy

Co-op shareholder tenant sued landlord co-op corporation for declaratory and injunctive relief. Tenant got a dog in February 2021, in violation of the building's policy against keeping pets. Despite seeing tenant walk the dog, landlord didn't sue for eviction based on tenant keeping the pet in violation of building policy. The co-op instead fined tenant $1,500 for violating building policy, and began charging him an additional $250 per month for maintenance. Building rules authorized the board to assess the $1,500 fine and to charge a $250 administrative fee each month until a pet violation was cured. The co-op argued that its policy wasn't a no-pets policy per se.

But the court disagreed. Since the co-op never sought to enforce its no-pet policy by starting an eviction proceeding against tenant under NYC Admin. Law Section 27-2009.1, it waived any right to object to the dog and the fines imposed by the House Rules were unenforceable. The court denied tenant's request for attorney's fees since tenant knowingly and blatantly disregarded the building's no-pet rules. 

Zekhtser v. Harway Terrace, Inc.: Index No. 516552/2021, 2022 NY Slip Op 50540(U)(Sup. Ct. Kings; 6/9/22; Rivera, J)