Landlord Waived Right to Evict for Keeping Dog

Landlord sued to evict tenant for keeping a dog in his apartment in violation of tenant's lease. Tenant asked the court to dismiss the case. He claimed that landlord waited too long after discovering the dog to start the eviction case. The court ruled for tenant. Landlord appealed and lost. In December 2006, landlord sent tenant a letter headed "Re: Dog in Apartment." In that letter, landlord directed tenant to remove the dog immediately or face legal proceedings and possible lease termination. This letter clearly established the date that landlord became aware that tenant had a dog. But landlord then waited more than three months to seek eviction. Landlord clearly waived the right to evict tenant on this basis. The city's pet waiver law, Administrative Code Section 27-2009.1(b), requires strict enforcement of the three-month rule.

Chelsea Ventura LLC v. Romansky: NYLJ, 4/8/08, p. 36, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)