Pet Law Doesn't Protect Co-op Tenant's Mother

December 1, 1995

LVT Number: 10192

Landlord co-op corporation sued to evict co-op tenant for keeping a dog in violation of the co-op's house rules. Co-op tenant, who owned the shares to the apartment, had moved out. His mother had moved into the apartment with her dog. Tenant claimed that his mother was protected by the New York City pet law. The court ruled against tenant. Tenant didn't occupy the apartment, and his mother was living there without consent of the co-op board. This was a violation of tenant's proprietary lease. Tenant's mother was neither a tenant nor a permitted occupant entitled to pet law protection.

Landlord co-op corporation sued to evict co-op tenant for keeping a dog in violation of the co-op's house rules. Co-op tenant, who owned the shares to the apartment, had moved out. His mother had moved into the apartment with her dog. Tenant claimed that his mother was protected by the New York City pet law. The court ruled against tenant. Tenant didn't occupy the apartment, and his mother was living there without consent of the co-op board. This was a violation of tenant's proprietary lease. Tenant's mother was neither a tenant nor a permitted occupant entitled to pet law protection. The pet law applies only to multiple dwelling tenants. In addition, landlord objected to the dog as soon as it was discovered and within the required three-month period.

Bell Apt. Owners Corp. v. Melamed: NYLJ, p. 34, col. 5 (11/1/95) (Civ. Ct. Queens; Badillo, J)

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