Landlord Can Object to New Dog

September 30, 2000

LVT Number: 14435

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled for landlord. Tenant appealed and lost. Landlord hadn't objected on time to tenant's prior dog, which tenant was allowed to keep. But when tenant's prior dog died, he got a new one. Tenant's lease stated that landlord must consent in writing to his keeping a dog ''in each instance.'' Landlord objected on time under the Fair Housing Act as to the new dog. HUD had also dismissed tenant's claim that he needed the dog as an emotional support animal to help treat depression.

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled for landlord. Tenant appealed and lost. Landlord hadn't objected on time to tenant's prior dog, which tenant was allowed to keep. But when tenant's prior dog died, he got a new one. Tenant's lease stated that landlord must consent in writing to his keeping a dog ''in each instance.'' Landlord objected on time under the Fair Housing Act as to the new dog. HUD had also dismissed tenant's claim that he needed the dog as an emotional support animal to help treat depression.

River York Stratford LLC v. Ostrow: NYLJ, 9/20/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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