Landlord Claims Tenant's Pit Bulls Attacked Another Dog, Terrified Residents

Landlord sued to evict rent-stabilized tenant for creating a nuisance by allowing three large pit bull dogs to run free off their leashes. Landlord claimed that this terrified other tenants and that one of tenant's dogs attacked another dog in the building lobby. Tenant claimed that he had a right to keep his dogs and countered for $5,000 for slander and pain and suffering. On the eve of trial, tenant asked the court for permission to amend his answer to claim that: (1) landlord waived any right to object to the dogs because tenant had kept them for more than three months; (2) tenant needed the dogs for therapeutic reasons to assist with a disability; and (3) tenant should be given time to cure any nuisance, if the court found there was one. The court ruled for tenant in part. Landlord conceded that tenant had kept the dogs for several years and this wasn't an issue. But the court could consider whether tenant was entitled to any accommodation for a disability. And tenant may be entitled to cure the nuisance; that would be determined after trial.

769 Realty Assoc. v. McKinnon: Index No. L&T 064943/2012, NYLJ No. 1202619557650 (Civ. Ct. Bronx; 8/30/13; Vargas, J)