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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46945 Judge Gonzalez PETITIONER LANDLORD’S holdover action alleged that respondent �8 tenant violated her lease by installing a satellite television dish without obtaining permission. In addition to a clause requiring the landlord’s approval for installation of television or radio antennas, the lease contained a nonwaiver clause. The tenant was given 10 days to remove the satellite dish prior to issuance of an eviction warrant. The court found that due to the nonwaiver clause, the landlord’s prior approval for the dish’s installation had not been waived. Referring to the U.S. Supreme Court’s decision in Loretto v. Teleprompter Manhattan CATV Corp., the court, citing Goldstein v. Allweiss and other decisions, held that apartment dwellers do not have a per se right to install a satellite dish. The court also found that respondent’s satellite dish, which ran from her window to the building’s roof, did not fall within a narrow exception set out by recent amendments to �207 of the Telecommunications Act of 1996.

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