Pet rent?

[meech718]

What is the name of your state (only U.S. law)? NY

I have lived in the current complex for almost 15 years. When we first moved in there was a no pet policy and the complex was managed by *****, as subsidized housing. About 5 - 6 years ago the complex went co-op and we now own our apartments. Also about 4 years ago the management changed to*****. Since then the current scheming management has been spending ridiculous money on unnecessary things such as creating a lavish office for the management, multiple useless renovations from private 3rd party contractors (assume some type of money laundering) changing washing machines for more costly ones that don't wash as well, changing the concrete outside for no apparent reason. etc... Also neglecting things that need actual fixing. In the front yard there are some problems with pipelines and steam or some type of smog rising from the ground. This has been going on since hurricane sandy and I guess their temporary fix is to cover it with dirt and build a makeshift wood or plastic covering 'homes' over it to prevent most of the smoke rising into apartment windows. There are multiple locations (5) in about 25-50 square yards apart.

So to the main topic over the last few months (about 4-5) the 'management' has been leaving flyers in the lobby about new 'pet rent' and pet registration. In my opinion this is just a scheme they want to create to make some extra cash from tenants that own pets (any pets they claim should be paid for like cats, dogs, birds etc..) First they were saying the deadline would be right after Thanksgiving but right before then they pushed it forward to middle-end of January. I assume this was done to edit some mistakes they made initially in the text. They want to charge us an extra 50 dollars monthly for the animals and i think 80 dollars if owning 2. Even though there was a no pet policy there are about 15-30 dogs in the complex and even a couple of board members own dogs, for years already.

I personally own a french bulldog about 25 pounds. We have had him in our family for about 2 and a half years now, he rarely barks and we have never had a complaint. He is extremely friendly and usually brings smiles to most people riding in the elevator with. Also i never let my dog walk on the lobby or hallway floor as it is always covered with some type of chemical floor polishing that is surely hazardous to inhale from close and toxic to his paws. I carry him to the elevator put his collar on then carry him out of the building ANY and EVERY time he leaves home.

So my questions would be how legitimate are these new fees this management is trying to impose, and what kind of law I would need to search for to find a lawyer to deal with a matter like this if I would require hiring one?

Thank you to anyone who takes time to read this and gives advice.

 

[quincy]

I understand that, when under the previous management, the complex had a "no pet" policy (that a lot of people ignored). The new management intends to change this no pet policy but, in order to have a pet, they expect the residents who have a pet to pay a pet fee.

Has the new management explained to the residents the reasons for this new policy?

What you will want to look at is your co-op's bylaws, because that will tell you what can and can't be done.

My feeling is that the new management had a choice between three options and picked the option that seemed to them the best of the three for the complex - they could maintain the status quo, they could start enforcing the "no pet" policy already in place, or they could accept pets with conditions (i.e., a monthly pet fee). If maintenance needs have increased due to the number of residents with pets, the monthly fee might be reasonable (in fact, monthly fees assessed pet owners is typical).

But, again, I suggest you check the co-op bylaws and/or you could approach management and ask the reason for the proposed change.

 

[meech718]

I understand that, when under the previous management, the complex had a "no pet" policy (that a lot of people ignored). The new management intends to change this no pet policy but, in order to have a pet, they expect the residents who have a pet to pay a pet fee.

Has the new management explained to the residents the reasons for this new policy?

What you will want to look at is your co-op's bylaws, because that will tell you what can and can't be done.

My feeling is that the new management had a choice between three options and picked the option that seemed to them the best of the three for the complex - they could maintain the status quo, they could start enforcing the "no pet" policy already in place, or they could accept pets with conditions (i.e., a monthly pet fee). If maintenance needs have increased due to the number of residents with pets, the monthly fee might be reasonable (in fact, monthly fees assessed pet owners is typical).

But, again, I suggest you check the co-op bylaws and/or you could approach management and ask the reason for the proposed change.

Yes there was a no pet policy with the old management but since the buildings changed from subsidized housing to co-op many more people started moving in, and some of them had dogs. They have not given any reasons' of why we have to pay for the pets. I truly and honestly cannot see why this has to be done. I'm confident this is just something they want to do to make more money for their pockets. Like I mentioned earlier my dog doesn't walk on their floors in the lobby or hallway and I rarely walk him around the buildings (depending on weather) and if we do walk around the complex and my dog does his business on the property I clean it every time. Also the no pet policy should be invalid since there are 20+ dogs in the complex along with some board members owning the dogs. I just feel like it totally unfair to charge an extra 50 dollars monthly for owning a pet who in reality doesn't cost the management any extra money.

 

[quincy]

Yes there was a no pet policy with the old management but since the buildings changed from subsidized housing to co-op many more people started moving in, and some of them had dogs. They have not given any reasons' of why we have to pay for the pets. I truly and honestly cannot see why this has to be done. I'm confident this is just something they want to do to make more money for their pockets. Like I mentioned earlier my dog doesn't walk on their floors in the lobby or hallway and I rarely walk him around the buildings (depending on weather) and if we do walk around the complex and my dog does his business on the property I clean it every time. Also the no pet policy should be invalid since there are 20+ dogs in the complex along with some board members owning the dogs. I just feel like it totally unfair to charge an extra 50 dollars monthly for owning a pet who in reality doesn't cost the management any extra money.

I imagine that, even though you are a responsible pet owner, there are probably several other residents who are not quite as responsible as you.

It generally does not matter how many people violate a written policy. It is still a violation. Your co-op's no pet policy has just been an unenforced policy up to this point, although steps could have been taken to enforce it at any time.

As to the cost, I agree that a $50 a month fee for any and all pets might be unreasonable, although I suppose that amount could be typical in your area of New York. I think it can sometimes be better to have a fee-range depending on size and type of pet (with more being charged for, say, a Great Dane and less being charged for, say, a parrot). All animals, though, regardless of type and size, can cause damage to property and some large dogs might cause far less damage than small ones (or cats, or birds). A flat fee for all could help management avoid arguments.

But, charging a fee to pet owners, to cover the costs of repairs and to cover any additional maintenance required, is not at all unusual.

You can discuss the matter with other residents and with the co-op board and with the new management, after you have had the chance to review the bylaws, but I have a feeling the fee will be assessed. Perhaps you can, if nothing else, negotiate for a lower fee.

Good luck.