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post #1 of 17 (permalink) Old 03-15-2005, 08:28 PM Thread Starter
 
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HELP!

I live in a building that has 3 apartments. Apartment 1 has 2 dogs. Apartment 2 has 2 cats. I have one new kitten. IT is supposedly a no pets building but since the other 2 apartments have had pets for years I assumed the landlord turned a blind eye. There is NO WAY they cannot know that Apartment 1 has 2 huge, loud dogs. Anyway, today my landlord told me that my kitten has to go because it's NO PETS. The landlord acknowledged that Apartment 1 has 2 dogs but said they're okay.

I am trying to figure out my legal rights. Turns out there is something called "arbitrary enforcement" - my landlord is breakign New York law by allowing some tenants to keep pets and banning me from keeping a pet. You can't have one law for one apartment and another law for the other. Also, under New York law it turns out that if i keep kitten for 3 months without the landlord actually evicting me after that period he CAN'T evict me. Finally, I was diagnosed clinically depressed and my psychologist will confirm that having a pet is extremely helpful to my mental health. Under another law tenants are allowed to keep pets if they help them with certain physical (ie blindness ) or emotional (ie clinical depression) conditions.

In addition to all that I wrote my landlord to offer to pay an extra $100 a month in rent if they let me keep kitten. I hope they'll just go for the extra money.

At first I was going to give kitty up for adoption if my landlord didn't take my offer of money. But now I've decided to fight it. I think I have a pretty good chance of winning my case.

Anyone have any experience of this?
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post #2 of 17 (permalink) Old 03-15-2005, 08:34 PM
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No, I'm sorry I have no experience with this sort of thing. I just want to wish you the best.




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post #3 of 17 (permalink) Old 03-15-2005, 08:37 PM Thread Starter
 
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Thanks!
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post #4 of 17 (permalink) Old 03-15-2005, 08:42 PM
 
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Re: HELP!

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Originally Posted by indigosmom
Under another law tenants are allowed to keep pets if they help them with certain physical (ie blindness ) or emotional (ie clinical depression) conditions.
I applaud you for recognizing that, I'm not sure I would have even thought about it in your situation. It makes sense, though. It sounds like you are taking the appropriate measures already, the ball is in your landlords court. Wish I could offer some advice to you, it sure doesn't seem fair (or legal for that matter)...the way he is going about enforcing his "rules". Please let us know how it turns out.
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post #5 of 17 (permalink) Old 03-15-2005, 08:51 PM
 
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No I have not, but I do wish you the best of luck with your cause, your kitty is lucky to have you and you her!
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post #6 of 17 (permalink) Old 03-15-2005, 09:01 PM
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No! If other tenants in the NO PET bulding can have 2 loud dogs, you should be able to have a kitten. Fight for your rights! Keep us posted. There is an article in the Drs. Foster and Smith cat catalog about how pets are great for us.

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post #7 of 17 (permalink) Old 03-15-2005, 09:38 PM
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Maybe the landlord enforced the "no pets" rule after he already had been renting to people with pets and just decided from this point forward no pets except for the 4 pets that are already in the complex.. Either way, I wish you good luck and hopefully you'll be able to keep your kitten!!
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post #8 of 17 (permalink) Old 03-15-2005, 09:39 PM
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Heather, you do have a point there!

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post #9 of 17 (permalink) Old 03-15-2005, 09:49 PM
 
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Please do fight for your rights, and from one dpressed person to another, I agree it does help to have them. Get a note from your doctor or therapist that says you must have the kitten for your health that way you have it on hand when you need it.
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post #10 of 17 (permalink) Old 03-15-2005, 10:14 PM
 
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Good luck with your fight. You seem like you have alot of good thoughts.

Have to remember to add things like this to my list of reasons i don't go to or live in cities
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