When Evicting Illegal Pets, Mum Is NOT the Word

March 8, 2016 — In a co-op building in Bay Ridge, Brooklyn with a no pets policy, a shareholder secretly adopted a dog. True or false: if the board doesn’t take any action with 21 days, the pooch becomes legal.

False, according to the Ask Real Estate column in the New York Times. The illegal pet becomes legal if the board remains silent for three months, not three weeks. The rule applies to co-ops, rentals and some condos, and it kicks in if the board knew about – or should have known about – the illicit canine.

But boards who file a timely lawsuit to evict the dog might want to take this as an opportunity to rethink their pet ban. What does the majority in the building want? Are they deeply opposed to all pets – or should some pets be allowed under specified circumstances? And remember: residents with disabilities who can prove that their so-called “support pet” is vital to their well-being are allowed to keep the pet regardless of house policy.