Ask the Experts: Pet Policies, Emotional Support Animals, and New York City’s 90-Day Pet Law

Building pet policies are a sensitive topic, especially when a board or building owner is forced to issue a notice or violation for non-compliance. Beyond avoiding costly legal battles, a well-crafted and clearly communicated pet policy can also help protect the building’s reputation in the era of social media, where coverage of these disputes often makes headlines.

When creating a pet policy, it’s important to understand the legal and operational requirements which vary between condominiums, cooperatives, and multifamily rental buildings. The best pet policies benefit all residents.

Our in-house experts have answered the most frequently asked questions from multifamily rental building owners and condominium and cooperative board members about enforcing pet policies, emotional support animals, and the legal landscape surrounding pet ownership in residential buildings.

*The answers provided are not intended to supersede any advice provided by your general counsel or building attorney, who should always serve as your legal advisors when deploying and enforcing pet policies in your building.
 

What is the NYC Pet Law, or “90 Day Pet Law”?

The NYC Pet Law, also known as the “90 Day Pet Law,” states that tenants with leases in multiple dwellings are permitted to own a pet, even if their lease explicitly prohibits pets, if certain conditions are met:

• The tenant has kept their pet “openly,” meaning they have not attempted to conceal their pet’s existence in any way.
   
• The building owner, the owner’s agent, or a building employee (this can include an independent contractor) was aware of this for at least three months and failed to enforce the relevant lease provision.
   
• The building has at least three residential units.
   
• The building is located in an applicable borough.
   
  • Multifamily rental buildings and co-ops are covered in all five boroughs.
     
  • Condos are only covered in Brooklyn, Queens, and Staten Island.
     
• The pet does not cause damage, create a nuisance, or substantially interfere with the health, safety, or welfare of other tenants or occupants.
   

"While these rules may seem straightforward, there are nuances to the law that can bring unexpected challenges. Always consult your building's attorney before creating or enforcing pet policies."

— David Valente, Senior Vice President | Manhattan Condo/Co-op Division 

 

What kinds of pets can a resident have in their apartment?

Boards and landlords can dictate the number of pets allowable in a single apartment, as well as specific pet breeds that are prohibited to live in a building. Many pet policies prohibit certain exotic or potentially disruptive pets, including reptiles and large birds, as well as large fish tanks which can cause significant water damage in the event of a leak.

It’s also common to have a pet policy that prohibits animals that exceed a certain size or weight or belong to a specific breed considered unsafe by the public. The latter often includes Pitbulls, German Shepherds, Boxers, and Rottweilers, among other dog breeds.

The city’s Department of Health and Mental Hygiene also maintains a list of animals that may not be kept as pets in New York City.
 

Are service animals or emotional support animals exempt from pet policies?

Service animals and emotional support animals are not considered “pets,” and they may be exempt from certain pet policies, unless a board or landlord can prove that a reasonable accommodation for the animal would cause undue hardship to the building or community of residents.

Boards and landlords should avoid using broad language like “no dogs” in pet policies and apartment listings. This could be considered an unlawful discrimination against applicants with dogs registered as service animals or emotional support animals under the New York City Human Rights Law.

   

What qualifies as a service animal? What qualifies as an emotional support animal? 

A service animal does work or performs tasks for a person with a disability. Under the Fair Housing Act, any animal within reason may qualify as a service animal, so long as they are not prohibited to own by law.

An emotional support animal provides emotional support that mitigates the symptoms of a disability.
 

Can a resident be asked to prove that their service animal or emotional support animal is necessary?

Boards and landlords may ask for a statement from a doctor, psychiatrist, psychologist, social worker, or other health professional verifying that:

• The person has a disability.
   
• The animal would ameliorate symptoms or effects of their disability.

Boards and landlords are prohibited to require the disclosure of a resident’s specific disability. City agencies define “disability” as any physical, medical, mental, or psychological impairment, or a history or record of such impairment.

Here are some unfortunate examples of boards and landlords found in violation of fair housing policies:

• Landlord pays $30,000 for emotional support animal discrimination
   
• Co-op pays $85,000 for prohibiting emotional support dogs
   
• Nassau County co-op pays $58,000 for failing to accommodate support animal
   
• Long Island landlord settles $85,000 suit alleging disability discrimination

 

"Properly managing requests for assistance animals can be complex. Our compliance team helps boards and landlords develop policies that align with city, state, and federal housing regulations, while also balancing the needs of building residents. The goal is to help avoid expensive legal battles that can go public and damage our client’s reputation."

— Stephanie Cardello, Vice President | Compliance Department 

 
 

What general requirements should be included in a building’s pet policy?

A well-defined pet policy establishes clear rules for residents. It’s also important to share these rules with residents and building staff to make sure everyone involved is aware of the policy. This helps prevent misunderstandings and makes it easier to enforce house rules.

Here are examples of items that are commonly included in a building’s pet policy:

• Pet-prohibited areas of the property – excluding service and emotional support animals
   
• Pet registration – require all pets to be registered with building management, including relevant details like breed, size, vaccination records, and a photo of the animal
   
• Pet fees and deposits – fees for pet ownership can be one-time or recurring, and refundable or non-refundable
   
• Number of pets – set limits on the number of pets allowed per unit
   
• Size and breed restrictions – specify weight limits and prohibited dog breeds
   
• Behavioral issues – prohibit behavior that creates a nuisance or interferes with the health, safety, or welfare of other residents
   
• Insurance coverage – require an insurance policy that covers damages caused by the pet and protects the building against claims related to the pet
   
• Restraints – include rules about the use of leashes and restraints in common areas
   
• Pet amenities – if applicable, outline the use of designated pet areas or amenities
   
• Dog walkers and pet sitters – detail building access rules for dog walkers and pet sitters
   
• Subsequent pets – require new registration and/or approval for additional pets
   
• Consequences for violations – clearly explain the consequences for violating the rules of your pet policy

 

"We help boards and building owners develop pet policies so that all residents — not only pet owners — can enjoy life in the building. We also help deploy services and programming that appeal to pet owners and enhance curb appeal. This can be anything from building and managing pet spas, to offering dog walking and grooming services, pet day camps, and social events."

— Stephen Dunmore, President | FirstService Residential New York 

 
  

What are best practices for enforcing pet policies?

• Clearly communicate your policies.
  Consult your property manager and attorney to ensure the policies are clearly outlined, and recirculate the policy periodically, especially if there are any updates.
   
• Mandate acknowledgement.
  Require a signed acknowledgement of pet policies at the application stage.
   
• Regularly train staff.
  Staff should be kept aware of current pet policies, and which residents have authorized pets or assistance animals.
   
• Enforce rules consistently.
  An inconsistent or laxed enforcement of your policies may leave you open to accusations of selective enforcement or discrimination.
   
• Offer written warnings.
  Provide an additional copy of your pet policy with any written warnings so owners have the chance to correct their violations themselves and avoid further issues.
   
• Thoroughly document violations.
  Keep detailed records of any violations, including dates, descriptions of incidents, communications with the pet owner, and verification from neighbors.
   
• Reevaluate policies regularly.
  It’s important to regularly reevaluate your pet policies to ensure they’re still relevant to your building, and in compliance with local, state, and federal laws.

 

Learn more in our article, Enforcing Condo and Co-op House Rules the Right Way.

Compliance questions? Reach out to our local experts today.

Our in-house Compliance Department makes things easy for our clients and frees up valuable time for your property manager to focus on important board business and building priorities. These in-house experts resolve disputes and violations, actively monitor local law updates, and track deadlines to prevent future violations.

Learn more about our in-house Compliance Department.