Landlord Didn't Start Case on Time
LVT Number: 15857
Landlord sued to evict cooperative tenant for keeping a dog in her apartment, in violation of her lease. Tenant claimed that landlord waived the right to object to her dog. Under the city's Pet Law, landlord must sue to evict tenant within three months of discovering that tenant has a pet. Here, landlord didn't start the case until six days after the three-month deadline. Landlord claimed that the three-month period should be tolled for the time landlord spent researching tenant's claim that she was entitled to keep the dog because she was disabled. The court ruled against landlord. There is nothing in the Pet Law that allows for tolling for any reason. The three-month deadline for starting the eviction case is a strict one set by the law.
Riverdale Park Corp. v. McDermott: NYLJ, 5/8/02, p. 22, col. 1 (Civ. Ct. Bronx; Malatzky, J)