New York Rights And Responsibilities Of Owners And Tenants In Relation To Pets.
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§ 27-2009.1 Rights and responsibilities of owners and tenants in
relation to pets.
a. Legislative declaration. The council hereby finds that the
enforcement of covenants contained in multiple dwelling leases which
prohibit the harboring of household pets has led to widespread abuses by
building owners or their agents, who knowing that a tenant has a pet for
an extended period of time, seek to evict the tenant and/or his or her
pet often for reasons unrelated to the creation of a nuisance. Because
household pets are kept for reasons of safety and companionship and
under the existence of a continuing housing emergency it is necessary to
protect pet owners from retaliatory eviction and to safeguard the
health, safety and welfare of tenants who harbor pets under the
circumstances provided herein, it is hereby found that the enactment of
the provisions of this section is necessary to prevent potential
hardship and dislocation of tenants within this city.
b. Where a tenant in a multiple dwelling openly and notoriously for a
period of three months or more following taking possession of a unit,
harbors or has harbored a household pet or pets, the harboring of which
is not prohibited by the multiple dwelling law, the housing maintenance
or the health codes of the city of New York or any other applicable law,
and the owner or his or her agent has knowledge of this fact, and such
owner fails within this three month period to commence a summary
proceeding or action to enforce a lease provision prohibiting the
keeping of such household pets, such lease provision shall be deemed
waived.
c. It shall be unlawful for an owner or his or her agent, by express
terms or otherwise, to restrict a tenant's rights as provided in this
section. Any such restriction shall be unenforceable and deemed void as
against public policy.
d. The waiver provision of this section shall not apply where the
harboring of a household pet causes damage to the subject premise,
creates a nuisance or interferes substantially with the health, safety
or welfare of other tenants or occupants of the same or adjacent
building or structure.
e. The New York city housing authority shall be exempt from the
provisions of this section.