Tenant Can't Prove Dog Was Emotional Support Animal

Landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease. Tenant claimed that landlord's objection to the dog was untimely, and that the dog was an emotional support animal that she should be permitted to keep in any event. The court ruled for tenant and dismissed the case. Tenant presented a therapist's letter stating that tenant suffered from an "adjustment disorder with anxiety and unresolved grief." The letter recommended that tenant be permitted to keep the dog that she required for emotional support. But, after a hearing, the court found that tenant failed to prove that the dog was an emotional support animal. However, landlord became aware of the dog in November 2013 when it received a letter from tenant. Yet landlord didn't commence the eviction proceeding until February 2018. So, landlord failed to commence the proceeding within three months after learning about the dog, and therefore waived the pet clause in the lease.

Westchester Gardens LP v. Vargas: Index No. 007454/18, NYLJ No. 1554785288 (Civ. Ct. Bronx; 3/5/19; Weissman, J)