Did Tenants Violate Co-op Building's Pet Rules?
LVT Number: #29913
Landlord cooperative corporation sued to evict shareholder tenants for keeping a large, unregistered dog in their apartment in violation of co-op rules. Landlord asked the court to decide the case without a trial, claiming that the facts were obvious. The court ruled against landlord, who appealed and lost. There were questions of fact as to the size of the dog and when tenants began to openly and notoriously harbor the dog at their apartment. There also were questions as to whether the three-month waiver provision of the NY Pet Law applied to the co-op house rules that required immediate and permanent removal of a dog that wasn't in compliance with the building's weight and registration requirements. A trial was needed to make a decision.
Hillman Housing Corporation v. Rosario: 62 Misc.3d 144(A), 2019 NY Slip Op 50131(U) (App. T. 1 Dept.; 1/30/19; Ling-Cohan, JP, Edmead, J)