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Aquariums as relating to pet laws in NYC

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Aquariums as relating to pet laws in NYC

Postby JingoFresh » Wed Sep 17, 2014 5:59 pm

I've had a fishtank in my apartment since March, with life inside.

I've kept it "open and notoriously" and several maintenance staff and brokers working for my landlord have seen the tank, acknowledged it, commented on it and even complimented me on it.

What I would like to know is, does the pet law where keeping a pet "open and notoriously" can waive a no pet clause apply to aquariums? Or are there alternative laws that would deal with an aquarium?
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Re: Aquariums as relating to pet laws in NYC

Postby TenantNet » Wed Sep 17, 2014 6:26 pm

Has the LL said anything about this? I suppose technically it would apply.

I would love to see a LL try to evict a tenant due to goldfish.
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Re: Aquariums as relating to pet laws in NYC

Postby JingoFresh » Wed Sep 17, 2014 6:35 pm

Yes, they are fraudulently claiming that there is a leak below me and my tank is the cause, when the tank has never, ever leaked. Not even once. Not to mention the tank is far away from where they claim the leak is.
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Re: Aquariums as relating to pet laws in NYC

Postby TenantNet » Wed Sep 17, 2014 6:44 pm

So they're making a fuss about a leak, but have they specifically objected to the fish? Have they sent you a Notice to Cure or other document?

You're non-regulated. What does the fine-print of your lease say about pets?

Is there some other reason why they might be fabricating this? Problems with the super? Did you make a fuss over something?

BTW, just to confuse them, move the tank to a different location, don't tell them and see what they say.
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Re: Aquariums as relating to pet laws in NYC

Postby JingoFresh » Wed Sep 17, 2014 6:57 pm

I have a lawyer to dealing with this for me, I just wanted to get some more info.

I have had the tank since march which they were aware of. Hostilities began in August due to me withholding rent due to a lack of hot water and repairs.

They are now claiming there are many thousands of dollars in damages, which is false.

My lease says no pets, although when I signed the lease I received verbal permission for the tank, and added this in the lease. They are now claiming the lease contained no such provision and that I added it to my copy of the lease after it was signed.

I can deal with the damages later, but at the moment I am trying to prevent them from forcing me to remove my tank on fraudulent claims.
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Re: Aquariums as relating to pet laws in NYC

Postby TenantNet » Wed Sep 17, 2014 7:16 pm

"and added this in the lease" -- was this added to both copies of the lease? Was this initialed by the LL at the time?
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Re: Aquariums as relating to pet laws in NYC

Postby JingoFresh » Wed Sep 17, 2014 8:01 pm

It was added to both copies and initialized by me on both copies, under the guidance of the broker.

It was not initialed by the landlord on any copy.

They have now provided a fraudulent copy omitting the addition with my initials.
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Re: Aquariums as relating to pet laws in NYC

Postby TenantNet » Wed Sep 17, 2014 8:35 pm

I'm not sure how to deal with that. Did you have a witness?

On the other question, have they sent you a notice to cure or some other document? I would live to see it (can you send it by Private Mail - attach the PDF to the PM) Does it offer specifics as to what you have in your apartment as to size and nature of the tank, and location, and does it describe the nature of the supposed damages?

Are you in touch with the tenant below? Could you ask him to show you the damages?
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Re: Aquariums as relating to pet laws in NYC

Postby JingoFresh » Wed Sep 17, 2014 8:48 pm

Unfortunately the only witness was a broker, who will not be on my side.

They sent me a notice of removal, but it dealt with a bucket I had in my kitchen, not the tank itself. This notice was incorrect as they specified a 50 gallon bucket when I only have a 30 gallon bucket.

The tank has not been mentioned in any communication to me.

They filed an order in court claiming damages, although I have not seen it yet as it was forwarded to my lawyer directly.

I have never met the tenant below, but it may be necessary to do so.
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Re: Aquariums as relating to pet laws in NYC

Postby TenantNet » Wed Sep 17, 2014 8:56 pm

Well, you can always respond to what they claim -- remove the bucket. Note, you implied they were complaining about the bucket (or the tank to be less specific). But they aren't talking about the fish per se, correct?

So then it appears this is not an issue about pets, it's about the tank and the alleged leak. If that's the case, it might not matter what the lease says about pets.

Playing devil's advocate, no matter what the lease says, if there's a leak, caused by a tenant, then that's a substantial violation of the tenancy and grounds for a court case, if not corrected.

An "order in court" is a meaningless phrase. What was filed? A Holdover case? A summons? What court? And no matter how good your attorney is, you should have copies of all papers. Have him send you a copy.

BTW, if it was not personal service (or if your attorney had not submitted a Notice of Appearance before the commencement of the matter), then you should have received certified copies of any document. You should see if service was proper - it's one way to get a case kicked.
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Re: Aquariums as relating to pet laws in NYC

Postby BubbaJoe123 » Thu Sep 18, 2014 8:29 am

JingoFresh wrote:They sent me a notice of removal, but it dealt with a bucket I had in my kitchen, not the tank itself. This notice was incorrect as they specified a 50 gallon bucket when I only have a 30 gallon bucket.


A 30 gallon bucket? That's not a bucket, that's an oil drum.
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