Landlord Waived No-Pet Clause Against Tenant with Two Cats

Landlord sued to evict elderly rent-controlled tenant for keeping two cats in her apartment. This was a violation of a no-pet clause in tenant's 1964 lease. Tenant claimed that prior landlord's managing agent, the building super, and a contractor had visited the apartment in 2000 and 2003. At that time, there were feeding bowls and a litter box in plain view. Tenant admitted that they may not have seen the cats because the cats were shy. The court ruled for landlord, finding that tenant had violated her lease. Tenant appealed and won. By law, enforcement of a no-pet clause is barred if a landlord takes no action within three months of discovering the pets. In tenant's apartment, the presence of the cats was obvious during the apartment visits by prior landlord's agents. Because tenant had kept the cats for a number of years without complaint from prior landlord, new landlord couldn't enforce the no-pet clause.

184 West 10th Street Corp. v. Marvits: NYLJ, 11/28/07, p. 30, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Davis, JJ)