Legal Question in Real Estate Law in New York

Re: help to keep my Dog in my apartment.

The NYC Administrative Code contains a pet law which provides that a landlord must commence a housing court proceeding within 90 days of learning of the dog in the apartment. If the landlord did not have a case filed within the 90 day period, then the landlord is barred from prosecuting a case to remove the dog from the apartment unless there is a cause of action for nuisance. Nuisance can be caused by the dog defecating in the hallways, barking excessively, being aggressive etc. That type of case can be started at any time during the tenancy.

You may have a defense to a proceeding based on the pet law if the landlord is telling you to get rid of the dog because dogs are not allowed in the building. However, if the landlord is telling you to get rid of the dog because of the smell etc. you'll have to prove that the dog is not nuisance in order to keep him. I'm not sure what you mean that the dog smells, but if its causing the building to smell badly, you need to have the dog thoroughly and professionally checked and cleaned.

If the landlord starts a case, contact me for a consultation.

Re: help to keep my Dog in my apartment.

Besides the good advice from Lisa, the Landlord may also have waived his right to make you get rid of the dog (except for nuisance) because he waited 5 months to give you notice. With the odor and possible "accidents" this could be cause for requiring you to get rid of the dog. Also, since you have no lease, you are a month-to-month tenant. Thus, the Landlord could terminate your lease on 30-days notice. It may be hard to get you immediately evicted, as you could get a hardship stay, but he might be able to terminate the lease. Finally, because of the accidents, he could also hold you responsible for any repairs caused by the accidents.