Pet Case Must Be Brought in Housing Court

November 1, 1997

LVT Number: 11883

Landlord sued tenant in state supreme court, asking for a declaration that tenant violated the no-pet clause of her lease by keeping a dog and for a court order that tenant get rid of the dog. The court ruled against landlord. Landlord should have brought an eviction case in civil court based on tenant's lease violation. There was no reason generally to bring this type of case to Supreme Court, and landlord showed no special reason in this particular case.

Landlord sued tenant in state supreme court, asking for a declaration that tenant violated the no-pet clause of her lease by keeping a dog and for a court order that tenant get rid of the dog. The court ruled against landlord. Landlord should have brought an eviction case in civil court based on tenant's lease violation. There was no reason generally to bring this type of case to Supreme Court, and landlord showed no special reason in this particular case. Although landlord claimed it didn't seek eviction, if landlord brings the eviction case and wins, the result will be the same since tenant can avoid eviction by giving up the dog.

N. Waterside Redevelopment Co., L.P. v. Febbraro: NYLJ, p. 26, col. 4 (10/1/97) (Sup. Ct. NY; Omansky, J)

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