tenant rights regarding pets

[jorgebustamante]

When i moved into my apartment my landlord / roommate (I sublease from her) was fostering a cat. She told me from the first day that she would not be keeping it, that this was a temporary thing- especially if I had any issues with the cat.

About 2 weeks later, I told her, look i've tried to deal with the cat but the truth is, Im allergic and i have to take medication every day just to live here, if you want I can look for somewhere else to live but I need you to get rid of the cat.

She replied with, I am going to keep the cat.

What sort of legal rights do I have? at this point i would just like to move out and recover any money that I have already paid- the dander from the cat is awful and its gotten to the point where i basically do everything with exception to shower at somewhere other than my own home.

On top of that, Im pretty sure that she is breaking the law in the legal amount to charge for the room as i pay 300 more than her and im sure if i were to see the lease that she signed (which is not being made available to me) that i would see that im overcharged by at least 300 a month, which by my guess is 30%

any help or advice would be so greatly appreciated,

thanks,

J

[dealing3000]

First, is the apartment rent stabilized? You can check with DHCR for this as well as the legal rent.

If so, then yes, she can only charge you 1/2 the legal rent and she would be overcharging you. If it is not stabilized then there is no limit on what she can charge you.

Second, if she orally committed to the cat being temporary (I assume nothing was in writing) then stay as long as you have paid (to cover any security deposit) and then leave. Any reasonable person would of course refund any deposit you made on the fact that she has not lived up to her end of the agreement. If she is not reasonable then why should you be? Do not pay her another dime and live out what you have already paid.

If she obstructs your access to the apartment in ANY WAY bring her up on charges at your local police station. Keep a copy of some supporting documents on your person so you have proof you live there.

Good luck.