Landlord Waited Too Long to Enforce No-Pets Rule

Landlord cooperative corporation sued to evict proprietary lessees for keeping a dog in violation of their lease. Lessees claimed that landlord waived the no-pets provision by waiting more than 90 days after discovering the dog to seek eviction. Landlord’s managing agent learned about the dog in September 2008. Two months later, lessees assured the agent that they no longer had the dog. In December 2008 and January 2009, the building super saw the tiny dog. Landlord then sent a cure notice in February 2009, followed by a termination notice in March 2009, and began the eviction proceeding in April 2009. The court ruled for lessees, who requested dismissal of the case. The law required landlord to file the lawsuit within 90 days of discovering the pet. The fact that lessees lied about removing the dog didn’t change the time limit. The court did, however, deny lessees’ request for attorney’s fees. They won the case for procedural reasons. Their lease violation shouldn’t result in a windfall.

2229-13 Apt. Corp. v. Portnov: NYLJ, 1/21/10, p. 46, col. 3 (Civ. Ct. Kings; Heymann, J)