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Pet Question

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Pet Question

Postby Floyd6082 » Wed Sep 21, 2016 8:04 pm

Hi Everyone,

I run a petcare business: Dog walking, boarding, and cat care. I live in a coop, and my landlord owns several units and I have 2 dogs of my own. The pet policy is apparently completely dependent on the landlord that owns each unit, and he has told me numerous times (it's in my lease too), pets allowed....there is no number/limit.

I occasionally board dogs in my apt. I never take more than one at a time, so at most I have 3 dogs in my apt. Apparently, someone complained and I got a letter from the management company cc'ing the Board of Directors that I must cease immediately any dog sitting I'm doing in my apt.

My landlord is unreachable at the moment(he travels everywhere and I'm waiting to hear from him).

What are my rights, if any?? Does anyone have advice on how I should respond to this letter?
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Re: Pet Question

Postby TenantNet » Wed Sep 21, 2016 8:27 pm

I would say your personal pets - the 2 dogs - are protected as you've had them for more than 90 days, and I presume "openly and notoriously." See the NYC pet law on this site (Reference Section) and elsewhere.

There are questions whether a management company can issues such a warning. It might depend on if you're rent stab, or not. It might be that the actual landlord has to issue such warnings or Notices to Cure.

But put that aside for the moment. The third dog has not been there for 90 days. So I doubt it has protection under the NYC Pet Law. And presuming the boarded dog is not the same dog each time, you can't accrue time on the 90 days.

You might wish to find out who complained and what they said. Did they know you had three dogs, or did they know you did this as a matter of practice in the course of your business?

One issue that probably is germane is that what you are doing is part of conducting a business on the premises. NYC has no particular law about that (most such instances are usually just a computer and telephone). But what can be an issue is if the alleged business, and the manner in which it is conducted, impacts the premises or other residents. Does it create waste? Is it a nuisance? Does it consume building resources, and so on? Do you have customers visit the premises? Is the business advertised as being at that address? All these issues can possibly lead to problems with your tenancy.

I would think the board of a dog as part of your business does lead to some risk for you.
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