Legal Question in Landlord & Tenant Law in New York

My landlord wants me to get rid of my cat!

Before getting my kitten back in February of 2013, I asked my SUPER who said that dogs were out of the question, but cats were fine. I adopted my kitten and went back and forth to the vet with him, making his presence known. Then, in late July, the LANDLORD saw the presence of the cat and sent a letter saying to get rid of the cat because it is against my lease.

Living in NYC and refusing to get rid of him, I researched the topic and found out about the NYC PET LAW, which states that if I've kept the animal for more than 3 months and have not lied nor hidden the animal and have kept him in plain sight, that any lease regulations against him would be null.

Does this apply to me? I just recently received another letter - the day before Thanksgiving!! - saying to get rid of my cat before legal actions would be taken.

I've had my kitten for almost a year now�they can't do this to me and my family�can they?


Asked on 11/29/13, 9:43 pm

2 Answers from Attorneys

Robert Rosenblatt Balsamo & Rosenblatt, P.C.

Yes this does apply to you. Under the pet law, you can keep your cat.

Sincerely,

Robert Rosenblatt, Esq.

718-858-7399

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Answered on 11/29/13, 11:49 pm
Kevin Connolly Kevin J. Connolly

More than this, the landlord has broken the covenant of quiet enjoyment, which suspends your obligation to pay rent. Before going down that path, make sure you have an affordable attorney whom you trust or get comfortable with defending yourself in landlord tenant court.

Is this a rent-stabilized lease? If not, then landlord might try to refuse to renew your lease, and then we're into a different set of problems. Your response--retaliatory eviction--is always perilous. Indeed any trip to court is a roll of the dice.

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Answered on 12/01/13, 12:24 pm


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