New NY Housing Bill Threatens Pets

by Sherry Morse

New York City courts have granted landlords the right to enforce a separate no-pet clause for each animal kept by a tenant in a multiple dwelling apartment in the city.

Previously if a tenant kept a pet openly for three months or more with the knowledge of the landlord or the landlord’s agent and within those three months the no-pet clause was not enforced, the clause was deemed waived forever for that tenant.

Under the new interpretation of the clause, even if pet owners already have a cat or dog they do not automatically have the right to adopt another animal or replace one that has passed away.

It is possible that the new enforcement of the clause might be used to evict people, not because their pets are creating a nuisance, but because the landlord has decided he no longer want to allow pets in the building and the tenants do not want to give up their pets.

If tenants are forced to give up their pets in order to keep their apartments the pets may end up being among the 40,000 animals who are killed at New York shelters each year.

To counter these rulings, NYC Councilwoman Melinda Katz has proposed Intro. No. 380, which states that once a landlord has waived the no-pet clause in a tenant’s lease, it is waived for the duration of the tenant’s occupancy, not just the lifetime of a particular pet.

Intro. No. 380 also would protect people who are sixty-two years of age or older from being denied occupancy or evicted from a multiple dwelling apartment for keeping a pet.

The Humane Society of New York and other concerned organizations are asking city residents to contact their city council members to express their support for Intro No. 380 and to ask for a hearing on it as soon as possible.

© 2003 Animal News Center, Inc.