LANDLORD'S BARK HAS NO BITE

In 1725 York Venture v. Block, 1725 York Venture started an eviction proceeding against Michael & Nomi Block for harboring a dog in their apartment without the owner's consent.

While the building was "pet-friendly," the Blocks' lease didn't allow them to harbor a dog in their apartment without permission. When the owner sought to enforce that rule, the Blocks claimed 1725 had waived its right to enforce the prohibition since it didn't bring a case within 3 months of discovering the dog's presence.

After the New York County Civil Court awarded 1725 possession of the apartment, the Blocks appealed.

Since the building's employees knew of the dog, the Appellate Term, First Department, found their knowledge applied to 1725. The AT1 believed "[a]bsentee landlords cannot avoid having 'imputed knowledge' of the presence of pets by 'turning a blind eye to [an] open and notorious fact.'"

That must have been ruff!

To download a copy of the Appellate Division's decision, please use this link: 1725 York Venture v. Block