Landlord Didn't Start Eviction Case on Time

June 30, 1995

LVT Number: 9857

Westchester County landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease. Tenant claimed that landlord had waived the right to evict her because she had the dog for more than three months. Tenant said that she got the dog as a two-week old puppy in September 1994. She stated that since the dog was five-months' old, she walked it five times a day. Two members of landlord co-op board claimed they never saw the dog until February 1995, when the eviction action was started. But other neighbors supported tenant's statements as to when she got the dog.

Westchester County landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease. Tenant claimed that landlord had waived the right to evict her because she had the dog for more than three months. Tenant said that she got the dog as a two-week old puppy in September 1994. She stated that since the dog was five-months' old, she walked it five times a day. Two members of landlord co-op board claimed they never saw the dog until February 1995, when the eviction action was started. But other neighbors supported tenant's statements as to when she got the dog. The court didn't believe the board members. The case was started five months after tenant got the dog; Westchester County law provides that a waiver of a no-pet clause becomes effective after three months. The court ruled for tenant and dismissed the case.

Wakefield Towers Owners, Inc. v. Ferrara: NYLJ, p. 35, col. 5 (6/21/95) (City Ct. Yonkers; Nocca, J)

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