Very Sad and scared

[Princessmum]

Hello everyone, I don't have anyone else to talk to about this sorry for the
long post. For the past 6mos I have been living with a terrible burden in my heart. I have had my Yorkie Princess since May 08 and she has been both a blessing and joy to own. She has brought sooo much hapiness to me and my Family, especially my 8yr old Daughter since it was her idea in getting a puppy. You see, she was Facing abdomminal surgery to remove a tumor which at the time we did not know if it was benign or otherwise. She is an only child and my all. She also had been asking for a puppy(a Yorkie to be specific) for quite awhile but I thought she was too young so the answer was always NO, well that all changed when they were taking her to the operating room and she then asked me that the only think she wanted when she woke from surgery was either a sibling or a puppy how could I negate my only child at that moment anything I would have given my life for her. Even now I'm just sobbing typing this. I cannot have anymore children(she does not know this) To have her I had 2 failed Invitros and finally on the last attempt I had my baby girl. I cannot go through that agony again and do not have the funds either it was extremely expensive. Well fast forward a few days later we had the opportunity to buy Princess it was all fate the lady who sold her to us is a foster mother and friends with my sister(also a foster mother) and she was telling her that she was on her way to the hospital to visit my Daughter and she was going to a pet shop to look at puppies before to see about getting one. Well that lady had a new litter of Yorkies but they were all sold already. She had one that had a deposit but had not been picked up yet. My sister begged her to let us have her and well the lady agreed and at half price too. We paid $500 for Princess. When my Daughter saw her puppy for the first time her eyes just lit up and she was so happy and just having Princess made for a speedy recovery. Her tumor was benign Thank GOD but its prone to come back she has to have close monitoring. Well now my problem is that I'm facing eviction from my apartment because of a no pet clause in my lease. I have lived here for 15 years and been nothing but a good tenant. I honestly was not aware of the clause in my original lease since I did not have it anymore and it was so long ago and the renewal leases do not state it. The lanlord wants us out of the apartment and is taking us to court. There are other tenants that have dogs, cats etc... but from what I understand we are the only one being asked to move. I had 2 cats in the past so I don't know why he is choosing to enforce this NO PET clause now. Maybe because I had ask him to do some much needed repairs. The Super of the building also is not a nice person and was the one who alerted the landlord of my dog. Again don't understand why since we've been always amicable with him and even gave him a christmas bonus every year(except last year). We live in a nice neighborhood and my Daughter attends one of the best public schools in the city. I do not want to move but I also don't want to give up princess she is my Daughters pet, friend and means everything to her. I have looked for somewhere to move but rent in NYC is very high and out of my means. I have to go to court the end of this month and I am just a mess. I have never had to go to court (only for jury duty) and I am very scared, terrified. I do not have a lawyer and cannot afford one at this time. I tried to get help from the legal aid society but they basically said that if it is stated in my Lease they were not going to waste their time in my case to just give up the dog. Well I will not and will do my best to represent myself in court although many have told me that I will lose it indeed it is stated in my lease from 15yrs ago. Thank you for taking the time to read my rambling/vent.

[YORKIE_mom_2008]

Cant you talk with the other pet owners in the apartment building and (pardon the term) gangup on the super?

[Princessmum]

Originally Posted by YORKIE_mom_2008

Cant you talk with the other pet owners in the apartment building and (pardon the term) gangup on the super?

That man is a monster!! My Husband went to ask him why did he do what he did, and he just basically said he hates dogs and all dogs should die what a Jerk! well my husband said not so nice things to him and he said everyone with a dog was going to be evicted. Not true since I have spoken to other neighbors and none have told me that the landlord is harrasing them to move. One even has a pitbull and another has a greyhound. I don't know why we have become his target.

[YORKIE_mom_2008]

Originally Posted by princessmum

That man is a monster!! My Husband went to ask him why did he do what he did, and he just basically said he hates dogs and all dogs should die what a Jerk! well my husband said not so nice things to him and he said everyone with a dog was going to be evicted. Not true since I have spoken to other neighbors and none have told me that the landlord is harrasing them to move. One even has a pitbull and another has a greyhound. I don't know why we have become his target.

That is very odd. Do you still have a copy of the original agreement? Something you can see with your own eyes?

[Princessmum]

Originally Posted by YORKIE_mom_2008

That is very odd. Do you still have a copy of the original agreement? Something you can see with your own eyes?

The Landlords lawyer sent us a copy since we no longer have the original. and it does state it. The funny thing is its not dated????but the leases last page is signed by both me and my Husband.

[Akbritt]

This is HORRIBLE! I started crying when i read about your daughter...I have an only child as well(Abbi)...and i couldnt even imagine I would have to the same thing...i probably would have went out and bought her a pony, if she asked for it.

It looks to me that you have 2 options...get rid of the puppy your little girl so badly wanted (dont do it dont do it dont do it) or look for another apartment building in your neighborhood, Which i know will be extremely hard to find. Your landlord, as much of a heartless A$$h@le he is, he has ya on the lease. Its not fair that people in your building can have pets and you cant, but i dont think their is much you can do about it.

I would have a friend keep the puppy until you found somewhere else, if you have too...lie and tell your landlord that you got rid to the puppy...to buy you more time...if that is at all possible...and then get out of that building....that super sounds like an evil person.

I hope things work out painlessly and im glad your daughter is doing better...good luck!

ps ....keep the puppy

[greyacresmom]

The new lease should be the binding contract. If the new lease does not have anything about pets, you should be alright. I would contact the housing authority and see what they say.

Good luck. But I hope you consider finding another place to live. I can't imagine the miserable time he can make for you if you stay there.

[shirlblack]

This breaks my heart and I would have done the same for my daughter. There's no way I would give up her baby and I would fight it until the end. I can't imagine the pressure you and your husband must be under. Hugs and prayers.

[Ashley V]

If you have had renewal leases signed, the latest one would be the binding contract. If it does not say anything about no pets or anything about the original lease's terms are still in affect, then you should easily win that case. I do think that original lease not being dated is pretty weird though. It's possible that they tampered with it.

[BaileyGates]

I am so sorry u are all going throught this, what a horrible time for u all. I hope u find another place to live or u win your case to have your little girls yorkie. I really hope u do not have to give ur little girls dog up that would just be terrible. good luck to you and your family hun ~hugs~

[ambocken]

So there are other dogs in the building?? WHY would it matter then to have a little yorkie too! I would make sure you have proof of the other dogs living in the building so that you can make a claim of why you should keep it!

[kathrynS]

I do not know what part of NY you live in, but I found this in tentents rights. It' seems to me you had your pup more than 3 months and they knew about it. Tenants may keep pets in their apartments if their lease permits pets or is silent on the subject. Landlords may be able to evict tenants who violate a lease provision prohibiting pets. In multiple dwellings in New York City and Westchester County, a no-pet lease clause is deemed waived where a tenant "openly and notoriously" kept a pet for at least three months and the owner of the building or his agent had knowledge of this fact. However, this protection does not apply where the animal causes damage, is a nuisance, or substantially interferes with other tenants. (NYC Admin. Code §27-2009.1(b); Westchester County Laws, Chapter 694). Tenants who are blind or deaf are permitted to have guide dogs regardless of a no-pet clause in their lease. (Civil Rights Law §47)

[Sonashe]

Princessmum
Don't be scare it may all work out for you... keep up your hope. First you should asked the other tenants if they are willing to go to court with you or write you a affidavit stating that they own dogs and how long they had them at their place of residence. He can't just evict you and not the other tenants.
Also how long have you had the puppy? If is less than 3 month then there is the possibility you may have to move or give away the puppy. My neighbor had a similar situation about two years ago. Being that we have 3 families with dogs in the building who were the first to move in 18 yrs ago we are allow to keep our dogs. I show management the article below and they decided not to pursuit with the eviction. New tenants are not allow to move in with a dog or get one due to the No Pet Claus. But them my landlord or Super are not A##H@@@@. Read the article below it may help you... Good Luck!

So you want to keep a pet, but your lease has a "No Pet" Clause
by Karen Copeland, Esq.

Defenses to a holdover proceeding based upon the harboring of a pet in violation of a "No Pet" lease provision.

Two types of laws give an individual tenant, renter or cooperative shareholder the right to keep a pet, even if there is a "no pet" provision in the proprietary lease, occupancy agreement, house rules, or lease.

The first, and most widely known types of laws are municipal or local "Pet Laws" which deem that any such "no pet" provision is waived for the duration of the tenancy if the landlord fails to enforce the provision by commencing an action or proceeding within three months of the tenant's open and notorious harboring of the pet.

The second category of laws which would enable a tenant to keep a pet in spite of a "no pet" rule are the federal state, and local laws which prohibit discrimination against the disabled. Such laws mandate that a housing provider grant a "reasonable accommodation" necessary for a disabled person to "use and enjoy" his or her home.

Recent developments in each type of law have enabled many individuals to keep pets, even in the face of considerable opposition by Boards and neighbors. While individual co-op boards and landlords may be within their rights to enact and enforce a "no pet" clause, such prohibitions fail in the face of superseding laws which give tenants the right to keep pets in their homes under certain circumstances, which are discussed here.

The "Pet Law"

In New York City (Administrative Code of the City of New York Section 27-2009.1) and Westchester County (Laws of Westchester County Section 694), statutes commonly known as the "Pet Law" give tenants in all multiple dwellings, including cooperatives and most condominiums, as well as rental housing, and government subsidized housing, the right to keep a pet, even if there is an applicable "no pet" clause in the lease.

Under the "Pet Law", if a landlord fails, within three months of his knowledge of a tenant's open and notorious harboring of a pet, to enforce any applicable "no pet" provision, then any such provision is deemed void. The law applies to unit owners, as well as renters, in co-ops and condos, whether private or government subsidized.

When is the proceeding "commenced" for purposes of the Pet Law?

Appellate Division case law has confirmed that the proceeding is commenced by the service of the Petition and Notice of Petition. (RPAPL Section 731; CPLR Section 401) The case is not commenced by letters, or service of the predicate Notice to Cure or Notice of Termination. Thus, if the landlord fails to serve the Petition and Notice of Petition within three months of has actual or constructive knowledge of the pet, any "no pet" clause is deemed void pursuant to the Pet Law.

The exception to this rule is if the tenant lies about the pet, says he will settle the case, says the dog is only temporary, or makes any representation about the removal of the pet that the landlord relies upon that representation in refraining from proceeding to enforce the "no pet" clause. In such a case the Court may look to the date of the service of the Notice to Cure for the date of commencement of the proceeding. So, if the landlord asks about the dog the recommended response is: "It's my dog. I'm keeping it."

What happens if a tenant has had a pet for many years, but the pet dies? Can the tenant get a new pet to replace the old one under the "Pet Law"?

For years, case law had confirmed that any "no pet" clause was waived years ago by the keeping of a first pet. Once the "no pet" clause has been waived for the duration of the tenancy, it is not revived by the introduction of any new pet, whether it be a replacement for a deceased pet, a second pet, or possibly even one of a different species than the first. Recently appellate case law has limited the New York City Pet Law waiver to a "per pet" basis. In other words, the reintroduction of each new pet revives the three month waiver "Pet Law" period in which the landlord may enforce a "no pet" clause. Legislation is currently pending before the City Council to codify the "per tenancy" waiver interpretation.

In addition, recent decisions suggest that if a pet is kept for a period in excess of six years, the landlord may be barred from enforcement of a no-pet clause by the six year statue of limitations which applies to actions based upon contracts. That pet and any subsequent replacements may have the benefit of the defense of the statute of limitations if pets were kept for a period in excess of six years with no significant hiatus between pets. The landlord may be barred from enforcing the no pet provision due to the six year Statute of Limitations which applies to contracts, even if the landlord acts immediately, within the three month Pet Law waiver period to enforce a no pet clause against the second dog,

There is no requirement under the Pet Law that the permission of the landlord be sought prior to introducing a pet into the home. As long as the Board's employees and agents are aware of the dog by your "open and notorious" behavior, constructive knowledge of the pet will be attributed to the Board, or landlord, in a court of law, for purposes of determining when the three month period commences.

It's important to prove when the tenant got the pet, and when the landlord, by way of its agents and employees, became aware of the pet, and that the keeping of the pet was "open and notorious".

The following suggestions may help to prove in court when a pet first entered the building and when the landlord became aware of it.

1. The best proof is any communication from the landlord which shows that he knew of the dog or dogs for more than three months. Sometimes the landlord will even let three months pass between the time of service of the Notice to Cure and the service of the Petition and Notice of Petition commencing the holdover proceeding.

2. Another form of proof is the testimony of any neighbors who are willing to come into court to testify. the neighbors should be able to testify how long you had the dog, and if the pet were seen by the landlord's employees. (Sorry, letters and petitions from neighbors generally are not admissible in a trial.)

3. Create a paper trail of dated government documents and medical bills to indicate duration of pet ownership. Save the adoption certificate, license, bill of sale, or American Kennel Club papers you receive.

4. Bring the dog to the veterinarian immediately. Save all bills and records of inoculations, rabies tags, spaying or neutering certificates.

5. Take pictures of the pet in the apartment and in the building, and date them when you get them from developing. Every picture is worth a thousand words, so be creative. A photo of you, the dog, and the doorman next to the building Christmas display would show that the building's agents were aware of the dog at a certain point in time, for example. Every cat sits in the window: how about a photo, from the outside of the building, of your cat sitting in the window of your apartment, to prove "open and notorious" harboring of the cat? At least one case has been proven by the tenant's keeping careful photographic records of her dog's growth, from tiny puppy to full grown dog, in the apartment and around the neighborhood.

6. Save any letters or complaints from the Board or management pertaining to the pet.

7. Keep a log in a notebook, used exclusively for this purpose, in which you record any date that workers were in your apartment and saw the dog, or if the super or doorman saw the dog. Make sure that all entries are made on or near the time of the occurrence.

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This article is intended to be of general information and is not a substitute for legal advice. If you are being sued, see an attorney at once to help you to defend yourself and assert your rights under the law.

Karen Copeland is an attorney in private practice focusing on issues pertaining to companion animals in housing. Formerly, she was a staff attorney for the Housing Litigation Bureau of the Department of Housing Preservation and Development of the City of New York. She may be reached at (212) 560-7154. Copyright Karen Copeland 1998; reproduced on TenantNet by permission, all other rights reserved.

[93kathy10]

I'm so sorry you are going through this but it looks like you have gotten some good advice.

[chattiesmom]

I am so very sorry for this tragic situation. I will keep you in my thoughts and prayers .

Since your precious little yorkie DOES assist your daughter with the emotional trama of her medical condition, could you possibly have her doctors provide you with some sort of documentation stating that Princess assists your daughter? I know that my doctor would be willing to help me out if it ever became necessary. Just a thought.