Tenants Must Keep Service Dogs Leashed

February 1, 2011

LVT Number: #23147

Landlord sued to evict tenants for violating their lease and creating a nuisance. Tenants kept two dogs, and landlord claimed that they were frequently unleashed in the building. The trial court ruled for landlord and ordered eviction unless tenants got rid of the dogs. Tenants appealed and won, in part. Tenants didn't create a nuisance, but did breach their lease by failing to keep their dogs leashed. But the penalty was too severe. The dogs were registered and certified by the NYC Department of Health and Mental Hygiene as service dogs for tenants.

Landlord sued to evict tenants for violating their lease and creating a nuisance. Tenants kept two dogs, and landlord claimed that they were frequently unleashed in the building. The trial court ruled for landlord and ordered eviction unless tenants got rid of the dogs. Tenants appealed and won, in part. Tenants didn't create a nuisance, but did breach their lease by failing to keep their dogs leashed. But the penalty was too severe. The dogs were registered and certified by the NYC Department of Health and Mental Hygiene as service dogs for tenants. Eviction would be stayed permanently on condition that tenants continued to comply with the building's leashing requirements.

86 West Corp. v. Singh: NYLJ, 1/7/11, p. 26, col. 4 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)

Topics

More like this