A Tenant’s Guide to the Unique NYC Pet Law Would-be Pet Owners May Not Know

New York City is a tough town full of tough people – tough people who really, really just want to snuggle on the couch with their pet after a long day. The city’s Economic Development Corporation says there are some 1.1 million pets in the city, but what do they know? (Seriously, do they know about my cat?) Because it certainly seems like pets are everywhere in the city lately. Yet many New Yorkers live in buildings that don’t allow pets. If that’s you, we have some advice about how you might ethically work around those prohibitions. Be forewarned: it still involves risk, but you might be surprised to learn that bringing a pet home to a building with a no-pets policy isn’t actually illegal for many renters in New York – at least for the first 90 days – with New York’s Pet Law.

What Is New York’s 90-Day Pet Law?

Firstly, we want to stress that this is not legal advice and we are not attorneys. Before you adopt that pet, fully research the law and seek professional advice if necessary. That said, the law seems to exist in an unexpected gray area; if you’ve ever heard the maxim that it’s better to ask for forgiveness than permission, you’ve already got the gist of the law.

Essentially, the Pet Law is aimed at working around rental or co-op clauses (or condos, but not in Manhattan or The Bronx) that prohibit pet ownership in a building of three or more units. The law serves as a 90-day grace period to prove that the animal is not a nuisance or destructive. The catch is that you also have to not be a nuisance – i.e., you need to be up-front with your landlord about what you’re doing and why. Your landlord also has to acknowledge your pet. That can be easy to prove for dogs, who you can walk through the lobby, but can be harder for cats unless someone does work in your unit and sees them or evidence of them.

Within three months, if your landlord has not taken action against you, they have waived their right to pursue action at a later date. For better or worse, New York basically says pets get squatters’ rights.

What If It Doesn’t Work?

Remember when we mentioned the risk involved? It’s very real. And you know your landlord or management company best so if this is too great a risk to your well-being, it’s best to delay the dream of pet ownership. On the other hand, many a no-pet building has witnessed the slow creep of dog ownership among its residents. It’s not for us to say what’s right or wrong, but we’ve seen it happen.

If you’re still considering this unconventional path to pet ownership, consider taking a few proactive steps, should things get contentious. According to Community Access, you’ll want to have proof of the date you brought your animal home, dates and times you took the pet through the common areas, and who saw you (especially if it was supers, doormen, porters, or other staff), and dates and times your landlord or another staff member entered your apartment and saw your pet. Each of these can serve as documentation that you were obeying the provisions of the pet law.

It’s not a foolproof method but it is at least an honest on-ramp to owning a pet in the city, so long as you know and conscientiously weigh the risks (and your comfort level), act in good faith, and follow the letter of the law.

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