My landlord is trying to force me to get rid of my cat!

I posted this to the JTF DSF on March 21, 2006.

I've been living in the same apartment for over 11 years and have had my cat for over 9 years. I told the landlord a couple of weeks after I got her that I was going to get a cat because I suffer from depression and didn't want to live without a pet. At the time he didn't say anything to me, but when the lease needed to be renewed he added in writing the No Pets clause which I always cross out before mailing back to him. The super has known for years that I have a cat. My next door neighbor has a cat, that they hide, I've even taken pictures of the cat. The super has a parakeet. Others in the building keep hidden pets either bird, cat or other small mammal like hamsters. A few months ago the super harassed me about my cat. Now that I'm having difficulty paying the rent the landlord asked me to get rid of my cat. And even though I told him that I would rather die, he still sent me a letter asking me to immediately remove my cat from the apartment or face legal consequences for being in violation of my lease.

Has anyone here ever had this problem? Any advice?


Posted later that day after getting some replies from JTF DSF members.

Piper wrote:
-If you give him a doctor note saying you need the animal for your well being and company, they can not make you get rid of it. I am not sure but it would be worth asking about.-

Piper,
That's what I intend to do. I will ask my psychiatrist for a letter when I see him at the end of the month.

Nikki wrote:
-He's probably using it as a bullying tactic to get your rent money...is there any reason you cannot pay your rent? If so...that might get him off your back regarding the cat... hope all works out...-

I don't think he's doing it to get my back rent, he knows I will soon pay him as soon as I get a one-shot-deal loan from the city. In 11 years this is the first time I owe him rent. And he's been a very nice landlord until now. I think he'll rather I move so that the rent can be increase in my apartment at least 40%.

Regarding the neighbors hiding pets and me doing the same... I don't think the super knows who in the building is hiding a pet, so I don't think he's asked anyone else but me to get rid of their pet. I never hid my cat from him, I was honest with him, he even saw her years ago, and now he's pretending he just found out about her. My mother also suggested I hide hide her, but I don't want to be dishonest. I will try the doctor's letter and hope he doesn't decide to take me to court, but if he does I will do my best to convince the judge that he knew about my cat for years and that I need her for my well being.

Thanks for your advice.

And

Thank you all for your support. Tonight I found some information online regarding tenants rights. I got the following info regarding pets from the NYC Rent Guidelines Board website:

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)

http://www.housingnyc.com/html/resources/pets.html?/about/

I found a link to the NYC Pet Law Guide:
http://www.abcny.org/Publications/pdf/Companion%20Animals.pdf

Under the federal Fair Housing Act20 people with disabilities have been successful in arguing that, in certain circumstances, landlords must allow them to have a pet who provides them with emotional support as a reasonable accommodation.21 In this situation, the pet does not have to be qualified as a guide dog, hearing dog, or other type of service animal. Disabilities do not necessarily have to be physical and may include such conditions as depression. Therefore, if a pet is determined to be medically necessary by your health care provider, a court may hold that the pet must be permitted to live in your home with you. Similar rights may also exist under State and City law.

I asked my therapist to write me a letter and will ask my psychiatrist for a letter that states that my cat is necessary for my emotional well being. My therapist is going to call my landlord and talk to him first. So, I think my landlord cannot force me to get rid of my cat. I hope he doesn't take me to court, but if he does I will fight to protect my rights as tenant.


Posted next day, March 22, 2006.

Tonight I browsed the Tenant Net web site and found a couple of Housing Court Decisions:

Type of Action or Proceeding: Holdover Proceeding - No-Pet Waiver

Issues/Legal Principles: Tenant who housed two cats and maintained litter box/food bowls in plain view is entitled to a waiver of the no-pet clause contained in her lease.

Summary: Landlord commenced the instant holdover proceeding alleging that tenant violated the no-pet clause of her lease to the extent of harboring two cats. Tenant defended arguing that the landlord waived its right to enforce the no-pet clause insofar as she openly and notoriously housed her pets in full view of the landlord and/or its agents. Landlord argued that tenant's cats were shy and hid whenever strangers such as the superintendent entered tenant's apartment. The Court held that the nature of the pet was not the determining factor but rather that of the animal owner. The Court found that the presence of the cats in the subject premises, coupled with the visibility of the litter box and food bowls to all those who entered the subject premises (including the landlord's workmen and contractors) was sufficiently open and notorious and as a result, the landlord waived its right to enforce the no-pet clause.

Found at: http://tenant.net/Court/Hcourt/index.html?x=1533

And

Type of Action or Proceeding: Holdover Proceeding - Breach of "No-Pet Clause"

Issues/Legal Principles: Landlord waived his right to invoke the "no-pet clause" upon a finding that he failed to commence holdover proceeding within ninety days after having actual knowledge of tenant's dog.

Summary: Landlord alleged that tenant violated the no-pet clause contained in the lease and that the dog was a nuisance insofar as it substantially interfered with the property rights of the other tenants. The Appellate Term upheld the lower Court's holding that the landlord waived the right to enforce this lease provision for his failure to commence the underlying proceeding within three months of learning about the presence of the dog. With respect to the landlord's claim of nuisance, the Appellate Term upheld the lower Court's holding that the landlord failed to set forth how the alleged acts of nuisance committed by the tenant substantially and unreasonably interfered with the property rights of the fellow tenants.

Found at: http://tenant.net/Court/Hcourt/index.html?x=1049

I'm sure there are a lot more cases like these.
If you find one, please share it by posting it here.

Thanks,
Sonia