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Posted by Mark Smith on September 30, 1998 at 14:57:39:

In Reply to: Re: dog discrimination...after 3mos? posted by skye on September 30, 1998 at 14:15:13:

New York City Administrative Code §27.2009.1(b) provides that if you have kept a pet open and notoriously for 3 months or more, the landlord cannot evict you for having a pet, per se. But the landlord could still pursue a nuisance eviction for excessive noise or if you don't clean up after your pet. There are similar laws in Westchester County (Chapter 694).

: nope. Till the dog has been there 6 months you can't use the "well he knew it was there" clause in the law
: bottom line. YOur lease says no. That's what the courts will see, so he can in fact F- you over for breaking the lease
: and that's fair...i mean honestly. Use a pooper scooper and keep the dog off the sidewalks!

:
: : Hi all. I have imported a dog for breeding and
: : showing. I was primarily going to leave the
: : dog with a relative, because my lease stats that
: : I cannot have a dog. However, when I purchased the dog,
: : The super of the building never mentioned that I cannot
: : have the dog, possibly because they own a dog and many other
: : tenants own a dog as well. I let my dog stay, and
: : on several ocassions, I have come across my super
: : who has never mentioned that I cannot have a dog.
: : In fact we have actually had casual conversations
: : about our dogs and have let them play together.

: : All of a sudden, because my dog has had an accident or two on the
: : sidewalk of our building, the super has asked me to not let that
: : happen, and has also threatened me by impling the rules
: : on my lease, that I cannot own a dog in the building.
: : As he has stated HE lets me SLIDE because other tenants own
: : dogs.

: : I am wondering if there are any laws that protect me since he has
: : not complained about the dog and in fact he is simply
: : discriminating against me, acting as if he can pick and choose
: : which dogs stay and which don't?

: : If anyone can offer any info please email me or post it here.
: : Any info is helpfull.

: : Thanks in advance.

Follow Ups:

• Re: dog discrimination...after 3mos? The L 10/05/98 (0)

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Comments:
: New York City Administrative Code §27.2009.1(b) provides that if you have kept a pet open and notoriously for 3 months or more, the landlord cannot evict you for having a pet, per se.  But the landlord could still pursue a nuisance eviction for excessive noise or if you don't clean up after your pet.  There are similar laws in Westchester County (Chapter 694).

: 
: : nope. Till the dog has been there 6 months you can't use the "well he knew it was there" clause in the law
: : bottom line. YOur lease says no. That's what the courts will see, so he can in fact F- you over for breaking the lease
: : and that's fair...i mean honestly. Use a pooper scooper and keep the dog off the sidewalks!

: : 
: : : Hi all.  I have imported a dog for breeding and 
: : : showing.  I was primarily going to leave the 
: : : dog with a relative, because my lease stats that
: : :  I cannot have a dog.  However, when I purchased the dog,  
: : : The super of the building never mentioned that I cannot 
: : : have the dog,  possibly because they own a dog and many other
: : : tenants own a dog as well.  I let my dog stay, and 
: : : on several ocassions, I have come across my super 
: : : who has never mentioned that I cannot have a dog. 
: : : In fact we have actually had casual conversations
: : : about our dogs and have let them play together.

: : : All of a sudden,  because my dog has had an accident or two on the
: : : sidewalk of our building,  the super has asked me to not let that 
: : : happen, and has also threatened me by impling the rules
: : : on my lease,  that I cannot own a dog in the building.  
: : : As he has stated HE lets me SLIDE because other tenants own
: : : dogs.  

: : : I am wondering if there are any laws that protect me since he has
: : : not complained about the dog and in fact he is simply 
: : : discriminating against me, acting as if he can pick and choose 
: : : which dogs stay and which don't?  

: : : If anyone can offer any info please email me or post it here.  
: : : Any info is helpfull.

: : : Thanks in advance.


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