News

APPELLATE TERM UPHOLDS RIGHT OF TENANT TO KEEP HER COMPANION ANIMAL OF 7 YEARS

June 2nd, 2010 In Elliana 76 LLC v. Spier, the Appellate Term upheld a lower court ruling that the six-year statute of limitations bars a claim that a tenant’s companion animal was a breach of her lease. The rent stabilized tenant’s Yorkshire terrier had lived at her apartment for 7-and-a-half years before the landlord attempted to evict her for breaching a no-pet clause. We moved to dismiss the proceeding based on the statute of limitations for breaches of contract under CPLR §213, as well as waiver under §27-2009.1 of the Administrative Code of the City of New York. As Judge Peter Wendt found, the landlord was barred from maintaining the case by a six-year statute of limitations for breaches of contract. The proceeding was dismissed and the landlord ordered to pay the tenant’s legal fees. On appeal, the Appellate Term affirmed. The statute of limitations applies regardless of whether a landlord, co-op or condo knew of the presence of the companion animal. Ms. Spier was represented by Darryl M. Vernon of the firm.

CO-OP OWNER WINS RIGHT TO KEEP COMPANION ANIMAL UNDER THE 3 MONTH RULE

February 23rd, 2010 On behalf of a co-op owner, the firm’s motion for summary judgment was granted when we demonstrated that the co-op did not timely commence the proceeding under the requirements of §27-2009.1 of the Administrative Code of the City of New York (sometimes referred to as the “Pet Law” or “three month rule”). Vernon & Ginsburg, LLP represented respondents Roman & Valiantsina Portnov, whose open and notorious harboring of their dog had begun, the court found, more than three months prior to the landlord’s serving a notice of petition and petition, thus triggering a waiver of any no-pet lease clause under the Pet Law. “By waiting to serve the Notice of Petition and Petition after it first became aware of the dog’s existence, petitioner acted at its own peril, notwithstanding that it gave the respondents the benefit of the doubt,” Civil Court Judge George M. Heymann wrote in 2229-13 Apt. Corp. v. Portnov.. The court noted further that “[p]erhaps [the landlord] should have heeded the adage: ‘shoot first, ask questions later.’ Had petitioner taken the precautionary and affirmative steps of timely commencing this proceeding at the outset, the waiver provision of the ‘Pet Law’ would not have come into play.” The decision appeared in the decisions of interest section of the New York Law Journal on January 21, 2010.

RENT-STABILIZED TENANT WINS RIGHT TO KEEP COMPANION ANIMAL OF 7 YEARS UNDER STATUTE OF LIMITATIONS

February 23rd, 2010 In Elliana 76 LLC v. Spier, Ms. Spier’s Yorkshire terrier had lived at her apartment for 7-and-a-half years before the landlord attempted to evict her for breaching a no-pet clause. On behalf of Ms. Spier, we moved to dismiss the proceeding based on the statute of limitations for breaches of contract under CPLR §213, as well as waiver under §27-2009.1 of the Administrative Code of the City of New York. As Housing Court Judge Peter Wendt found, the landlord was barred from maintaining the case by a six-year statute of limitations for breaches of contract. The proceeding was dismissed and the landlord ordered to pay the tenant’s legal fees. Ms. Spier was represented by Darryl M. Vernon of the firm.

THE LAWS AFFECTING HOUSING & COMPANION ANIMALS

September 1st, 2009 On December 7, 2009, Mr. Vernon chaired a seminar at the New York City Bar Center for CLE discussing issues concerning companion animals in housing in New York. The applicable federal, state and local laws were examined, including §27-2009.1 of the Administrative Code of the City of New York, laws relating to discrimination and the disabled, and statutory and case law generally applicable to housing. Cooperative, condominium, as well as rent-regulated housing were discussed. Course materials, CD and DVD versions are available on the City Bar website.

1725 V. BLOCK

August 26th, 2009 The firm recently prevailed at the Appellate Division, helping secure rights for rent-stabilized tenants in a non-eviction co-op to have a companion animals. 1725 v. Block. The Appellate Division ruled that under the three-month rule (§27-2009.1 of the Administrative Code of the City of New York) the knowledge of on-site employees that provide services to both co-op unit owners and rent-regulated tenants alike is sufficient to trigger a waiver of a no-pet clause and allow the rent-regulated tenants to keep their companion animal. The case cited the firm’s argument that the General Business Law §352-eeee, concerning managing agents in a non-eviction co-op, supports a finding that the knowledge of the on-site employees in a co-op triggers a waiver for regulated tenants under §27-2009.1. The rent-stabilized tenants in Block hired Vernon & Ginsburg, LLP after a defeat in the lower court. Our firm prevailed in appeals at both the Appellate Term and Appellate Division.