Housing
 
Question:

Hi, My name is Tracy L. and I live in an apartment in New York City with a no pets clause in the lease. I have a cat, the landlord knew but did nothing for 3 months so I was able to stay in my apartment with the cat. My question for you is that my lease is due for renewal and the landlord wants to increase my rent 25% and sign a document that states I will not have any pets when the new lease commences. Do I have any legal rights in this area? Thanks in advance for your help. Regards, Tracy L.

Answer:

The answer to your question depends in large part on whether or not you are a rent controlled or rent stabilized tenant. Rent controlled and rent stabilized tenants are entitled to a new lease and rent increases are regulated so the landlord would not be able to raise the rent 25% or require such tenants to remove waived in animals. Also, persons with physical or psychological disabilities have additional rights and these rights are not limited to rent controlled/stabilized apartments. You need to consult with a landlord/tenant attorney who can review your lease and advise you further.


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Question:

We have feral cats in our parking garage of our condo complex (there is a tall fence around the perimeter of the parking lot, which the cats/kittens slip under to come eat). Our Board decided not to euthanize, but is in the process of having the group TNR one at a time. Some of the people in the building do not want the cats here and today one elderly woman dumped boiling water from her third floor balcony that landed where the cats were feeding. How can I let her know that she cannot do this? I am so worried that she will do something else like put poison out when the caregivers are not aware. Thanks for all of your help. -Amy

Answer:

It is so good to hear that your condo board has agreed to TNR. Cruelty to animals is against the law. That includes poisoning or otherwise needlessly injuring or killing an animal. Consider distributing fliers that state that cruelty to animals is a crime and persons violating this law will be prosecuted to the full extent of the law. Fliers educating people about the positive effects of TNR may also help. You may want to ask your condo if you could install security cameras. I don’t know the cost of this but if you do proceed with cameras, signs indicating that there is surveillance should help deter acts of cruelty.

 

Below is a pertinent part of New Jersey’s animal cruelty law:

 

N.J.S.A. 4:22-17.

Cruelty; disorderly persons offense

a. A person who shall:

(1) Overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature;

(2) Cause or procure , by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done; or

(3) Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather ; or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature--

Shall be guilty of a disorderly persons offense, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court. A violator of this subsection shall also be subject to the provisions of subsection c. and, if appropriate, subsection d. of this section.

 

b. A person who shall purposely, knowingly, or recklessly:

(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature; or

(2) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done--

Shall be guilty of a crime of the fourth degree.

If the animal or creature is cruelly killed or dies as a result of a violation of this subsection, or the person has a prior conviction for a violation of this subsection, the person shall be guilty of a crime of the third degree.

 


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Question:

I just got a puppy to help with depression, but dogs are not allowed in my co-op. In just a week I am so much happier. Is there a way to find a doctor to write a letter supporting my need for a pet?

Answer:

You should ask a doctor who is treating you for depression to write such a letter for you. The letter should state that he/she has been treating you for depression and that the dog will help you with major life activities, enable you to better deal with your limitations, to more fully enjoy your dwelling unit, and improve your daily functioning. If the co-op does not give permission after receiving the letter, you can file a complaint with HUD or 800-669-9777. Consider hiring an attorney to assist you if your co-op is uncooperative.

 


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Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Please note that due to the volume of questions we receive, we cannot guarantee you’ll receive a response. Only questions that are properly formatted using sentence-case will be considered for review.


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