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Posted by TenantNet on January 18, 1998 at 10:42:34:

In Reply to: Cat Question(s) posted by orion on January 12, 1998 at 00:36:52:

: Why is there virtually no caselaw appearing on the question of cats
: when doing a search of the NYC decisions on Tenantnet? There is
: quite a bit on dogs.

Because they are both "pets"

: We have had an indoor cat for a bit over three months in our apartment,
: and now the landlord says she wants him out. What must she do in order
: to have served legal notice from the point of view of the NYC pet law?

You raise the pet law as a defense in a holdover proceeding. Prove you
had the pet for more than three months. Look at the pet law fact sheet.

: She wants to "inspect" the apartment, ostensibly to look at the plumbing
: repairs that we had made at our expense after she failed to make them after
: five months of certified mail notification from us, and which we did not
: even bill her for. (She may not have ever actually seen the cat).

Did the super see it? Did neighbors see it? Do others in the building
have pets and have they gotten the same treatment from the landlord? This
could sound like "Retaliatory Eviction" due to your complaints.

: Should we let her in so that we have been open and notorious with the
cat?

If the owner wants to inspect with advance notice, then you should do so.
But be careful of other things they might see to give them a hook to
give you problems.

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Comments:
: : Why is there virtually no caselaw appearing on the question of cats 
: : when doing a search of the NYC decisions on Tenantnet?  There is 
: : quite a bit on dogs.

: Because they are both "pets"

: : We have had an indoor cat for a bit over three months in our apartment, 
: : and now the landlord says she wants him out.  What must she do in order 
: : to have served legal notice from the point of view of the NYC pet law?

: You raise the pet law as a defense in a holdover proceeding. Prove you
: had the pet for more than three months. Look at the pet law fact sheet.

: : She wants to "inspect" the apartment, ostensibly to look at the plumbing 
: : repairs that we had made at our expense after she failed to make them after 
: : five months of certified mail notification from us, and which we did not 
: : even bill her for.    (She may not have ever actually seen the cat).  

: Did the super see it? Did neighbors see it? Do others in the building
: have pets and have they gotten the same treatment from the landlord? This
: could sound like "Retaliatory Eviction" due to your complaints.

: : Should we let her in so that we have been open and notorious with the 
: cat?

: If the owner wants to inspect with advance notice, then you should do so.
: But be careful of other things they might see to give them a hook to
: give you problems.



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