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Can our dog really be "removed"?

Rights for non-regulated tenants

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Can our dog really be "removed"?

Postby branleigh » Wed Aug 18, 2010 9:30 pm

Our 2 year lease states "no pets". But, our on-site landlord knew we were moving in with a cat and was/is OK with it. When, 3 months ago, we recently began fostering a stray dog we found, we told him upfront what was going on. He was displeased but tolerated it. The dog is under 20 lbs., quiet and low energy- no chewing, housebroken, a real dream. Due to some early separation anxiety she whined once or twice when left alone, and after apologizing to the landlord about this disruption, we now have her placed in care when we are not home so she no longer makes any noises. There have been no more disruptions for the last month out of the three she's been here. We've decided that we want to keep her.

Our landlord, however, has become focused this past week on the dog and has begun a spate of harassing phone calls stating that she must be removed. We have told him for some time that we want to keep her and even offered to pay more to do so- put down a pet deposit, etc. (even though she had caused not a bit of damage to the property). He states that she is not able to stay here because he is an Orthodox Jew and that no one is "allowed" to have dogs in the building due to his religion.

We have politely & civilly attempted to negotiate with him as there are only 4 months left on our lease, but as of today, he threatened on a voice message and then, directly to my partner, that he was going "to call someone to come get the dog".

I know from reading thru this site, that we are within the so-called NYC "Pet Law" (landlord has known we are harboring dog and we have done so openly) and we have documentation to support that (dated vet care bills, doggy day care receipts, time stamped voice mails with the landlord acknowledging the dog's existence, etc).

Obviously, we're terrified of Animal Control being summoned to come take the dog away forcibly (and of the even worse threat of her being potentially being destroyed). I know removal can be the case with unstable or violent animals that have bitten others- rightfully so. But is our dog in danger? Anyone have any input on this? I am really worried for the dog's safety.
branleigh
 
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Postby TenantNet » Thu Aug 19, 2010 12:26 am

Even if there was some issue with the landlord's religion (and I think that's bogus), it doesn't matter as that would not extend to any unit in which the landlord is not living. It's BS.

As you say, you seem to be protected by the NYC Pet Law.

As for Animal Control, if there was some danger to the animal based on the way in which you are harboring it, then they might have an issue. But it sounds like you're caring for the dog. I would think the pound would tell the LL that it's a civil matter for housing court.

I would just lay low for a while and see if the LL settles down.
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