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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)
This article is an extract of the "New York Tenant's Rights Guide" from the Office of New York Attorney
General Eliot Spitzer. For information about tenant's rights in other States, you should contact your local
Tenants/Landlords association.
1800roommates.com provides general legal information to help people understand their
legal rights, but is not a substitute for personal legal advice from an attorney.
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