Landlord Didn't Object to Tenant's Dog in Time

February 13, 2015

LVT Number: #25960

Landlord sued to evict rent-stabilized tenant for keeping a dog in violation of her lease. Tenant claimed that she had kept the dog for more than 90 days without objection from landlord and that the dog was a service dog needed to accommodate a disability. The court ruled for tenant after a trial. There was no admissible proof that the dog was a support animal. But tenant proved through credible testimony that she had the dog for almost a year before landlord objected.

Landlord sued to evict rent-stabilized tenant for keeping a dog in violation of her lease. Tenant claimed that she had kept the dog for more than 90 days without objection from landlord and that the dog was a service dog needed to accommodate a disability. The court ruled for tenant after a trial. There was no admissible proof that the dog was a support animal. But tenant proved through credible testimony that she had the dog for almost a year before landlord objected. The dog was a Yorkshire Terrier that tenant dressed in clothing and either carried in and out of the building or walked several times a day. Tenant claimed that the building super saw her with the dog regularly and landlord presented no proof that it had no knowledge of the dog.

Central Harlem Associates LLC v. Davis: 46 Misc.3d 1209(A), 2015 NY Slip Op 50029(U) (Civ. Ct. NY; 1/14/15; Kraus, J)

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