Landlord or Tenant

Displaying 61 - 70 of 77
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Sentencia 01413-2017-PA/TC, 2016, animales en propiedad horizontal - Peru El demandante interpuso esta demanda de amparo contra los propietarios del edificio en el que alquilaba su apartamento por haber prohibido la entrada de animales de compañía en el edificio y no permitirles utilizar el ascensor. El demandante alega que, con la reciente prohibición de animales de compañía, se han vulnerado su derecho de propiedad, así como sus derechos al libre desarrollo de la personalidad, la libertad de tránsito y el principio de no discriminación. También planteó cuestiones de salud y seguridad para las mascotas en relación con el hecho de que no se les permitiera coger el ascensor. El tribunal declaró fundada la demanda y discutió varias normas que sirvieran de compromiso entre las partes. El tribunal ordenó a la Junta de Propietarios dejar sin efecto cualquier advertencia o sanción del demandante en aplicación del reglamento; que se aplique la sentencia a perros guia y que se adopte la sentencia como doctrina jurisprudencial.
Sheldon Park Tenants v. ACHA The Allegheny Public Housing Authority decided to enforce it's "no pets" rule after years of unenforcement. This is a brief in arbitration. The tenants won. Includes a very interesting discussion of depression as a disability.
Smith v. Kopynec


The plaintiff appeals the lower court's dismissal of her claims against defendant-landowners and their insurers. The plaintiff was injured (for the second time) by the defendant-landowners' son's pitbull while walking past their home. While it was undisputed that the landowners did not own the dog, the issue was whether they had a duty to prevent the attack via "custodial liability." Here, the defendant-landowners asserted that they thought the son had gotten rid of the dog after it was confiscated and quarantined by animal control after it first attacked the plaintiff. Thus, this court found that defendant-landowners did not know of the dog's presence on their property and affirmed the trial court's order of summary judgment.
Stolte v. Hammack


After home owner’s roommate was attacked by a pit bull inside the home, the victim filed suit against owner under the vicious animal and the premises liability statutes. The Court of Appeals held that, because the roommate knew about the dog’s vicious propensity to the same extent as the owner, the owner was not liable. Plaintiff must present evidence that the owner had superior knowledge of the dog's temperament for the owner to be liable.
Table of State Assistance Animal Laws This table compares all 50 states' service animal laws for several categories. Included are public accommodation laws, criminal interference laws, licensing laws, disabled pedestrian laws, and service animal misrepresentation laws. Links to the text of the various laws are provided.
Tran v. Bancroft


In this Florida case, a tenant's next-door neighbor, who was bitten by tenant's dog when it leaped over fence and then attacked the neighbor on property not owned by landlord, brought a personal injury suit against the landlord.  The appellate court upheld a motion of summary judgment in favor of the defendant non-owner.

  The court found that t

he existence of a duty in a negligence action is a question to be decided as a matter of law.  Although the so-called "dog bite" statute, section 767.04, Florida Statutes (1993) controls actions against a dog's owner, actions against a non-owner must be brought upon a theory of common law liability.  Essentially, a landlord has no duty to prevent injuries to third parties caused by a tenant's dog away from leased premises.
United States v. Univ. of Neb. at Kearney This case considers whether student housing at the University of Nebraska–Kearney (UNK) is a “dwelling” within the meaning of the FHA. The plaintiff had a service dog (or therapy dog as the court describes it) trained to respond to her anxiety attacks. When she enrolled and signed a lease for student housing (an apartment-style residence about a mile off-campus), her requests to have her service dog were denied, citing UNK's "no pets" policy for student housing. The United States, on behalf of plaintiff, filed this suit alleging that UNK's actions violated the FHA. UNK brought a motion for summary judgment alleging that UNK's student housing is not a "dwelling" covered by the FHA. Specifically, UNK argues that students are "transient visitors" and the student housing is not residential like other temporary housing (migrant housing, halfway houses, etc.) and more akin to jail. However, this court was not convinced, finding that "UNK's student housing facilities are clearly 'dwellings' within the meaning of the FHA."
University Towers Associates v. Gibson

In this New York case, the petitioner, University Towers Associates commenced this holdover proceeding against the rent-stabilized tenant of record and various undertenants based on an alleged nuisance where the tenants allegedly harbored pit bulls. According to petitioner, the pit bull is an alleged “known dangerous animal” whose presence at the premises creates an threat. The Civil Court of the City of New York held that the landlord's notice of termination did not adequately apprise the tenant of basis for termination; further, the notice of termination and the petition in the holdover proceeding did not allege objectionable conduct over time by the tenant as was required to establish nuisance sufficient to warrant a termination of tenancy.
US - Assistance Animal - Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act
US - Pets and Housing - Subpart C. Pet Ownership for the Elderly or Persons with Disabilities This subpart implements section 227 of the Housing and Urban Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) as it pertains to projects for the elderly or persons with disabilities under: (1) the housing programs administered by the Assistant Secretary for Housing - Federal Housing Commissioner; (2) projects assisted under the programs contained in chapter VIII of this title 24; and (3) the public housing program. The rule specifically states that it does not apply to assistance or service animals. The rule states that, except as otherwise provided, no project owner that manages a project for the elderly or disabled may restrict or discriminate against any person by reason of the person's ownership or presence of a common household pet in the person's dwelling unit. A "common household pet," is defined as "[a] domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes" (excluding reptiles with exception of turtles). Notice of the allowance must be provided to tenants and tenants must be given the ability to access to pet rules. The project owner must establish reasonable rules to govern the keeping of pets.

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