Landlord Didn't Start Case on Time

February 1, 1997

LVT Number: 11228

Landlord sued to evict cooperative tenants for keeping a dog in violation of their proprietary lease. Both sides agreed that landlord discovered the dog on Feb. 22, 1996, and that the notice of termination was sent to tenants on May 1, 1996. Landlord thereafter accepted May rent from tenants and sent a second termination notice on May 13, 1996. Landlord sent the notice of petition and petition on June 13, 1996. The court ruled against landlord, finding that it had waived the right to evict tenants.

Landlord sued to evict cooperative tenants for keeping a dog in violation of their proprietary lease. Both sides agreed that landlord discovered the dog on Feb. 22, 1996, and that the notice of termination was sent to tenants on May 1, 1996. Landlord thereafter accepted May rent from tenants and sent a second termination notice on May 13, 1996. Landlord sent the notice of petition and petition on June 13, 1996. The court ruled against landlord, finding that it had waived the right to evict tenants. The ``pet law'' required landlord to start the holdover proceeding within three months of discovering the dog. Since landlord didn't do so, the lease provision barring pets was deemed waived. Service of the termination notice within three months wasn't by itself enough to comply with the law.

Amalgamated Housing Corp. v. Urena: NYLJ, p. 26, col. 6 (1/22/97) (Civ. Ct. Bronx; Halprin, J)

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