Landlord Can't Use Fraud Claim to Limit Tenant's Rights Under Pet Law

(Decision submitted by Darryl M. Vernon of the Manhattan law firm of Vernon & Ginsburg, LLP, attorneys for the tenant.) Landlord sued to evict co-op tenant for fraud. Tenant had signed an inducement letter before buying his apartment that stated that he was aware that the building would not grant permission to keep pets. Landlord later discovered that tenant moved in with a dog. The court ruled against landlord. Landlord had brought a prior eviction case against tenant for violating the lease by keeping the dog. That case was dismissed as time-barred because it was started more than three months after tenant moved in with the dog. Landlord can't use tenant's agreement not to have pets to restrict tenant's waiver rights under the pet law.

930 Fifth Corp. v. Miller: NYLJ, 8/14/02, p. 18, col. 3 (Sup. Ct. NY; Diamond, J).