Landlord Claims Tenant's Dog Is Nuisance

April 1, 2002

LVT Number: 15718

Landlord sued to evict tenant for keeping a dog, in violation of her lease. Landlord also claimed that the dog's barking created a nuisance. Tenant asked the court to delay the eviction case while HUD processed a disability complaint she had filed. Tenant claimed that she needed the dog to help her cope with her disabilities. The court ruled against tenant. The eviction case would go to trial. If tenant showed there was no nuisance, the court might delay ruling on the lease violation claim while HUD decided tenant's disability claim.

Landlord sued to evict tenant for keeping a dog, in violation of her lease. Landlord also claimed that the dog's barking created a nuisance. Tenant asked the court to delay the eviction case while HUD processed a disability complaint she had filed. Tenant claimed that she needed the dog to help her cope with her disabilities. The court ruled against tenant. The eviction case would go to trial. If tenant showed there was no nuisance, the court might delay ruling on the lease violation claim while HUD decided tenant's disability claim.

Crotona Park W. v. Aponte: NYLJ, 3/20/02, p. 22, col. 2 (Civ. Ct. Bronx; Heymann, J)

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