Tenant Violated No-Pets Lease Clause

LVT Number: #23146

Landlord sued to evict tenant for keeping two dogs in her apartment, in violation of the "no-pets" provision of her lease. Tenant claimed that this provision was unconscionable. The court ruled against tenant, who appealed and lost. Tenant admitted that she had two dogs, the eviction proceeding was commenced within three months after landlord discovered the dogs, and tenant waived her initial "disability discrimination" defense. The court delayed issuing the eviction warrant for 60 days to allow tenant time to cure by removing the dogs.

Landlord sued to evict tenant for keeping two dogs in her apartment, in violation of the "no-pets" provision of her lease. Tenant claimed that this provision was unconscionable. The court ruled against tenant, who appealed and lost. Tenant admitted that she had two dogs, the eviction proceeding was commenced within three months after landlord discovered the dogs, and tenant waived her initial "disability discrimination" defense. The court delayed issuing the eviction warrant for 60 days to allow tenant time to cure by removing the dogs.

200 Associates, LLC v. Haupt: NYLJ, 1/7/11, p. 26, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Hunter, JJ)