Tenant can keep barking dog that improved over time.


Landlord sued to evict rent-stabilized tenant for breaching her lease and creating a nuisance. Landlord claimed that tenant kept a dog in her apartment that barked excessively. The court ruled against landlord after a trial. Landlord argued that tenant's dog barked incessantly at night, every night for a year, and that this disturbed other tenants. Tenant testified that she got the dog in January 2013, that it had previously been abused and barked from anxiety when left alone. Tenant now worked from home, monitored the dog's barking from a cell phone device, and claimed that the dog's behavior had improved substantially. Tenant's upstairs neighbor also testified that the dog barked a lot less now and...

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