Trial Needed to Determine If Tenant’s Dog Created a Nuisance

Landlord sued to evict tenant for keeping a dog without landlord’s permission and in violation of her lease. Landlord also claimed that the dog created a nuisance by annoying and disturbing other tenants. Tenant claimed waiver because landlord waited more than three months to object to the dog, and that landlord discriminated against her by not accommodating a request to keep the dog as a registered emotional support animal for her disabilities. Tenant asked the court to dismiss the case without trial, but the court refused. Even if landlord had waived the right to evict tenant under the NYC Pet Law, and even if tenant should be allowed to have the dog as an accommodation for her disability, there were questions of fact as to whether landlord started the case immediately after discovering the dog and whether the dog was creating a nuisance at the building. A trial was needed to decide the case.

Concourse Green Associates, LP v. Hernandez: Index No. 358/2016, NYLJ No. 1202767685776 (Civ. Ct. Bronx; 9/14/16; Lutwak, J)