[HISTORY: Adopted by the Rockland County Legislature: Art. I, 6-20-1989
by L.L. No. 4-1989. Amendments noted where applicable.]
[Adopted 6-20-1989 by L.L. No. 4-1989]
The County Legislature hereby finds that the enforcement of covenants
in multiple-dwelling leases which prohibit the harboring of household pets
has led to widespread abuses by building owners or their agents who, knowing
that a tenant has had a pet for an extended period of time, seek to evict
the tenant and/or his or her pet, often for reasons unrelated to the creation
of a nuisance or waste, said reasons including but not limited to facilitating
a co-op or condominium conversion by warehousing apartments or reducing the
required number of subscribers; garnering a larger monthly rental due to a
vacancy; or to discourage tenants in enforcement of their rights. Because
household pets are harbored for reasons of safety and companionship, as well
as the physical and emotional well-being of their owners, and considering
the persistent shortage of vacant rental units in the County of Rockland,
it is necessary to protect pet owners from retaliatory and other evictions
and to safeguard the health, safety and welfare of tenants who harbor pets
under the circumstances provided herein, and it is hereby found that the enactment
of the provisions of this article is necessary to prevent hardship and dislocation
of tenants within this County. It is further declared that, to the fullest
extent legally permissible, this article is to have retroactive effect and
that such retroactive effect is reasonable, necessary and appropriate to effectuate
the purposes to be achieved by this article, as well as to prevent frustration
of the legislative aims of this article.
[Amended 9-5-1989 by L.L. No. 8-1989]
A.
Where a tenant in a multiple dwelling openly and notoriously,
for a period of three months or more following taking possession of a unit,
harbors or has harbored a household pet or pets, the harboring of which is
not prohibited by the Health Code of Rockland County or any other applicable
law, and the owner or his or her agent has knowledge of this fact and such
owner and/or agent fails within this three-month period to commence a summary
proceeding or action to enforce a lease provision prohibiting the keeping
of such household pets, such lease provision shall be deemed waived.
B.
As used in this article, "multiple dwelling" shall mean
a dwelling which is either rented, let, hired out or leased, but not including
a dwelling which is leased under a proprietary lease in a cooperative or which
is subject to a condominium declaration, to be occupied or is occupied as
the residence or home of three or more families or persons living independently
of each other. This article shall be deemed to apply to a tenant in a multiple
dwelling which is under conversion to a cooperative or condominium.
It shall be unlawful for an owner or his or her agent, by express terms
or otherwise, to restrict a tenant's rights as provided in this article.
Any such restriction shall be unenforceable and deemed void as against public
policy.
The waiver provision of this article shall not apply where the harboring
of a household pet causes damage to the subject premises, creates a nuisance
or interferes substantially with the health, safety or welfare of other tenants
or occupants of the subject building. This article shall not apply to any
multiple dwelling owned or operated by any government entity.
The provisions of this article shall apply retroactively and prospectively
to all existing and future leases and renewals, including, without limitation,
those leases and renewals which are the subject of pending summary proceedings
or actions to enforce the lease provision.
