Security Guards Knew Tenant Had Dog

January 1, 2002

LVT Number: 15515

Landlord sued to evict long-term tenant for keeping a dog, in violation of the ''no pets'' clause in tenant's lease. The trial court ruled against landlord, finding waiver under the New York City pet law. Landlord appealed. Tenant had gotten a puppy, and the building security guards and maintenance personnel saw the dog regularly. But landlord's managing agent didn't know at first and didn't take action until more than three months after tenant got the dog. The appeals court ruled for landlord because the managing agent took action within three months of finding out about the dog.

Landlord sued to evict long-term tenant for keeping a dog, in violation of the ''no pets'' clause in tenant's lease. The trial court ruled against landlord, finding waiver under the New York City pet law. Landlord appealed. Tenant had gotten a puppy, and the building security guards and maintenance personnel saw the dog regularly. But landlord's managing agent didn't know at first and didn't take action until more than three months after tenant got the dog. The appeals court ruled for landlord because the managing agent took action within three months of finding out about the dog. Tenant appealed and won. Tenant kept the dog openly for more than three months. While the security guards weren't required to report this to landlord, the information was deemed to have been given to landlord. Landlord waived the right to evict tenant for keeping the dog.

Seward Park Hous. Corp v. Cohen: NYLJ, 12/19/01, p. 17, col. 2 (App. Div.1 Dept.; Nardelli, JP, Mazzarelli, Lerner, Buckley, Friedman, JJ)

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