Megalopolis Property Assoc. v. Buvron

OPINION OF THE COURT

Maurice Harbater, J.

This is a holdover summary proceeding brought against the respondent residing in a privately owned multiple dwelling for violating a substantial obligation of his tenancy by harboring a dog.

FACTS

The lease between the parties contains unequivocal covenants, rules and regulations prohibiting the harboring of pets. Their agreement also contains a “no waiver” clause should landlord accept rent with knowledge of a breach of any covenant.

Both sides stipulate that the tenant and his family have a small dog and have continually harbored this dog openly and…