Tenant Had Dog for Over Three Months
LVT Number: 10228
Facts: Landlord sued to evict co-op tenant for keeping a dog in violation of co-op house rules. Tenant claimed landlord had waived the no-pet clause in his lease. Westchester law states that if tenant keeps a dog with landlord's knowledge for over three months, landlord waives any right to evict tenant for violating a no-pet clause. Tenants also claimed that landlord knew they had two dogs when they bought the apartment in December 1993. The dogs died in April 1994, and tenants got a new dog almost immediately. Landlord sent tenants a notice to cure in March 1994. But landlord didn't take any further action until sending tenants a second notice to cure in January 1995. Landlord claimed it didn't learn about tenant's new dog until November 1994. Court: Landlord loses. Tenants regularly walked their new dog, which was seen by members of the co-op board and the building superintendent. Landlord waived the no-pets clause by not taking action for such an extended period.
Palmer House Owners Corp. v. Brennan: NYLJ, p. 38, col. 1 (11/15/95) (Sup. Ct. Westchester; Ollman, J)