Does the no-pet clause apply to small animals?

[citygirlintn]

I tried doing a search on this, and all I came up with was dogs and cats! Maybe y'all can help me.

I live in a non-stabilized building, and have a standard no-pet clause in my lease. When looking at my building with the leasing agent, he said the LL would not accept dogs, but I could get a cat (which I can't, due to allergies).

If I were to get a small animal--say, a chinchilla--would this violate the clause and be cause for a notice to cure? It would be caged, doesn't really smell at all, and is quiet, so it certainly should not damage the apartment or be a nuisance.

Thanks, in advance.

[HardKnocks]

Chinchillas are illegal pets in NYC.

[citygirlintn]

Bleary-eyed (or anyone else), can you point me to somewhere I could see that? I would think it would be illegal to sell them as pets in NYC, too, and I've seen them for sale at a few reputable pet stores, including Petco.

I took a look at the animal control laws on nycacc.org, and it wasn't on the list of illegal animals. They are NOT in the same illegal family as ferrets (Mustelidae) and aren't classified as large rodents (Rodentia), either. (Pet chinchillas are in classified as Chinchilla Langiera)

All help is appreciated! Thanks.

<small>[ October 21, 2004, 06:02 PM: Message edited by: citygirlintn ]</small>

[Cranky Tenant]

Having a pet chinchilla would violate a no-pet clause .If the LL found out, he could serve you with a Notice to Cure.

Cats and dogs aren't the only pets some landlords won't allow. Some prohibit fish tanks and may object to small birds such as parakeets or canaries as well.

IF your landlord allows cats he may not object to chinchillas either. If you keep it inside your apartment and it diesn't make noise, he may never find out about it anyway.

[citygirlintn]

Thanks, Cranky. The reason I'm mentioning it now is that we've been notified that my LL is going to install carbon monoxide detectors in the next few weeks, so maybe I will hold off on the purchase (and hide the cage) until after mine is installed.

[HardKnocks]

Chinchillas are members of the Rodentia family.

http://encarta.msn.com/media_461518200/Some_Common_Commercial_Furs.html

Weren't they made illegal nearly everywhere in the US a couple of years ago?

But whatever you do get, if it's quiet and caged, you'd probably get away with it. If you have it for 90 days and the landlord doesn't object, you're allowed to keep it despite the no pets clause--as long as the pet is legal, of course. Why don't you try calling Animal Control just to be sure? You don't want to become attached to a pet and have it taken away...

[Concourse]

Sounds like a low-risk endeavor to me. However, you might want to toss a blanket over the cage if the super comes in. You can say it is a pet hamster.

[citygirlintn]

Thanks, everyone. I called 311, and apparently, chinchillas are not classified as "large members of the family Rodentia" and they are in fact legal to keep as pets. I was kind of surprised that they wouldn't be, considering how readily available they are out in public and that I wasn't trying to buy an animal out of the back of some shady guy's truck.

I'm going to wait until my carbon monoxide detector is in, and then, just count down the 3 months. Thanks again, everyone.

Oh, and Concourse, what I purchased would be an *awfully* big cage for a hamster. Or just space for a really big hamster.

[Concourse]

If it's legal, you should research the law which protects pet owners in all city apartments. You're in the clear if you keep the pet "openly and notoriously" for a set number of months. Three or six, I forget.

[HardKnocks]

So MSN Encarta encyclopedia was wrong?! Wow. I remember hearing a couple of years ago that chinchillas had been banned everywhere as pets, but perhaps it was lifted.

It's three months. If you "openly and notoriously" keep the pet for 90 days, they can't do a thing about it. But again, anything that's caged, quiet and legal shouldn't be a problem.

Good luck with your new pet!! They're so adorable!! Please get a really big cage--and do let him/her out to run around once in a while...

[citygirlintn]

Bleary-eyed, Encarta wasn't wrong. According to the CACC, only LARGE members of the family Rodentia are illegal, and chinchillas aren't classified as being large. It's all in the semantics.

So I'll wait till the CM detector is in, get the little critter, and hold my breath for 3 months. Thanks for the help, everyone.

[Anna]

Read some of the Housing Court Decisions on this issue: search in that section for 'Pet Law' or by its number.

The LL has 3 mos from when the LL first becomes aware of the pet to start eviction proceedings: NOT from when you first bring the pet home. If you successfully hide the pet from your LL's employees, the clock has not yet started...

http://www.tenant.net/Rights/pets.html

http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=1;t=001162

[Cranky Tenant]

Agreed. Problem is the law says "openly and notoriously," such as walking a dog through the public areas, where management had ample opportunity to see the pet.

If you keep the chincilla in a cage, inside your apartment, then you really haven't been "openly and notoriously" harboring a pet.

[HardKnocks]

So should she bring it out once in a while, like to the vet? Or to "get some air"?

What do they eat? If they eat packaged pet food, can she "open and notoriously" throw out the cans in a clear recycling bag?

Should she get the pet BEFORE the detectors are installed, so the super sees the cage? Most supers really don't seem to care about caged pets, even if they make noise (like birds).

[Cranky Tenant]

Not to forget Chinchilla Litter.

No Pet Clauses are pretty standard. Some LLs enforce it, some don't. My guess is, if there are other pets in the building, you might get away with having a small pet.

If there are no visible pets in the building, walking around with a Chinchilla isn't going to help - unless the management company mistakes it for a fur collar.