Legal Question in Landlord & Tenant Law in New York

Pet Buildings in apartment complexes

I live in a 12 unit apartment building, identified as building 110 by the complex. Of the 12 units, 7 units have pets. At least one of the units shares a common wall with the unit I reside in, we all share a common roof. Because of health issues, I had considered getting a pet, when I am with my daughters dog, it seems to take my mind off treatment. The complex manager response to my request was that I did not live in a pet building. The complex advertizes ''yes to pets''. I am willing to pay the additional security fees, and sign a contract. I have asked to move to a pet building. I was rejected. Can I do anything? My contract expires 5/2004. Thank you.


Asked on 6/27/03, 9:50 am

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Pet Buildings in apartment complexes

Yes, you really have 2 options.

1) If you can show that your physical/mental health is improved by having a pet(doctors letter/order) they can not deny you a pet under Fed Fair Housing laws. OR 2) Get the pet and keep it "open and notoriously" (do not hide the fact that you have a pet, make sure supt./landlord see you walking it)) and if your landlord does not SERVE you with a Summons & Complaint within 90 days of you keeping this dog, the No Pet clause is waived and deemed void. My only problem w/ number 2 is that should they in fact serve you, you would have to give up the dog and where does that leave the dog? In a shelter? Unless you have a definate good home for the dog should you get served, I ask you not to get the dog. Number 1 is your BEST choice.

If you would like more info re: Pet Law pls Email me.

Debra Palazzo [email protected]

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Answered on 6/27/03, 10:12 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Pet Buildings in apartment complexes

Before you start a lawsuit, appeal the denial, in a letter to your landlord citing what you said here. Your health problems, your willingness to pay extra security and your standing as a good tenant. They may change their mind.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/27/03, 10:35 am


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