No Lease Violation Where Sister's Dog Only Visited Tenant’s Apartment

Landlord sued to evict tenants for violating their lease. Landlord claimed that tenants were illegally keeping a dog in their apartment without landlord’s prior written permission. Tenants and landlord signed a probationary settlement agreement in court. Tenants acknowledged that their older sister had brought the small dog to visit but agreed that “no pets shall be harbored at the premises in violation of the lease agreement and/or house rules and regulations.” Landlord later went back to court, claiming that tenants had violated the agreement. Landlord claimed that during a two-month period, its agents and exterminator heard barking from inside the apartment. Tenants claimed that their sister sometimes left the dog to visit during the day, but that the dog never stayed overnight. And the dog was registered as an emotional support dog to help one of tenants’ daughters recover from spine surgery.

The court ruled against landlord. The court found that tenants didn’t “harbor” the dog because that would mean that they kept a pet openly and notoriously, took the dog out for walks, and let it sleep overnight. Here the dog only occasionally visited the apartment. In addition, no one claimed that the dog created a nuisance.

Anderson Housing Association v. Gonzalez: Index No. L&T060155/2013, NYLJ No. 1202737319371 (Civ. Ct. Bronx; 8/24/15; Vargas, J)