Landlord Waived No-Pets Clause But No Attorney's Fees for Tenant

Landlord co-op shareholder sued to evict rent-stabilized tenant for keeping a dog in violation of his lease. The trial court ruled for landlord. Tenant appealed, claiming that landlord waived its right to seek eviction because tenant had kept the dog for more than three months before landlord proceeded. Tenant also asked for attorney's fees. The appeals court ruled for tenant, in part. Under Rent Stabilization Code Section 2524.2(c)(2), landlord was required to deliver a seven-day termination notice to tenant before starting an eviction proceeding based on a lease violation. But landlord served only a three-day termination notice. Since the three-day notice couldn't have validly terminated the tenancy within the three-month period, landlord didn't act diligently in connection with the pet clause violation, and the case must be dismissed. But since tenant admittedly was in violation of his lease, he wasn't entitled to attorney's fees.

Gold Queens LLC v. Cohen: Index No. 2932/2011, NYLJ No. 1202637293519 (A.T. 2 Dept.; 11/12/13; Pesce, PJ, Akuittam Solomon, JJ)