Pet Law Doesn't Protect Condo Owner

May 31, 1995

LVT Number: 9756

Landlord condo manager sued to bar condo owner from keeping two dogs in her apartment in violation of condominium rules. The rules stated that no animals were allowed unless the managing board gave permission in writing.Condo owner had no written permission but had kept the dogs openly for a few years. She claimed that landlord had waived any right to object to the dogs under the New York City pet law. That law says landlords must sue tenants within three months of discovering the pet. The court ruled against condo owner. The pet law doesn't apply to condominiums.

Landlord condo manager sued to bar condo owner from keeping two dogs in her apartment in violation of condominium rules. The rules stated that no animals were allowed unless the managing board gave permission in writing.Condo owner had no written permission but had kept the dogs openly for a few years. She claimed that landlord had waived any right to object to the dogs under the New York City pet law. That law says landlords must sue tenants within three months of discovering the pet. The court ruled against condo owner. The pet law doesn't apply to condominiums. It was designed to prevent landlords from seeking retaliatory evictions against rental tenants and applies only to enforcement of ìlease provisionsî through ìsummary proceedings.î Notably, landlord here didn't seek to evict condo owner. Landlord only wanted owner to get rid of the dogs.

Board of Managers v. Perez: NYLJ, p. 31,col. 4 (5/3/95) (Sup. Ct. Bronx; Silver, J)

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