PET LAWS

Four months ago I adopted a dog from the ASPCA. The other day as I was walking the dog my landlord approached me and said that dogs were not allowed in the building. I told the landlord that the superintendent knew I had a dog and never told me I had to remove it. The landlord has now sent me a letter stating that the dog must be removed or I would face eviction. Is there anyway I can keep the dog?

                                                                                                          C.R., Sunnyside

The “Pet Prohibition Clause Waiver Law” also known as the “Pet Waiver Law”, enacted in 1983, protects tenants living in buildings with three or more apartments from eviction who “openly and notoriously” kept a pet for a period of three months. The law also requires the landlord to enforce any existing provisions of a current lease prohibiting pets within three months of the tenant's taking possession of the pet or any no-pet provisions in the lease are considered waived.

Since you had the dog for more than three months and the superintendent was aware of its presence, the landlord may have lost his right to remove it. My advice to you is to respond to the landlord's letter by sending a copy of the adoption papers from the ASPCA which will show the date you adopted the dog. In addition, even though you told the landlord verbally that the superintendent was aware of the dog, remember to state this in the letter. In doing so, you will prove that the dog was living “openly and notoriously”.

Please note that the three months rule applies to any new pet even if a tenant had previously kept another pet for years in the same apartment with the landlord's knowledge.

Two years ago I gave one of my tenants permission to have a dog even though the lease stated “no pets”. Now my superintendent informed me that the same tenant got a second dog of which I was not aware. Can I legally have both dogs removed?

                                                           R.P., Astoria

Since you gave the tenant permission for the first dog and two years have past, you cannot have it removed for no reason. However, if the dog caused damages to the premise, or has been a nuisance interfering with the health, safety or welfare of other tenants, then you may have “just cause” to bring the matter to court to have it removed.

Since the Pet Waiver Law states that the three months have to run again for any subsequent pet you may be able to have the second dog removed. It will depend on whether you notified the tenant to remove the dog within three months of the time the tenant took possession of the dog. If you failed to notify the tenant within these three months, you may have waived your rights to remove the dog.

Since your question doesn't state how long ago the superintendent noticed the other dog, you should immediately send the tenant a “Ten Days Notice to Cure” for the removal of the dog. If ten days passes and you haven't heard from the tenant and the dog is still seen, you should begin legal proceedings immediately.