NYC Pet Policies: The 90-Day "Pet Law" and Your Rights

Plenty of NYC leases say "no pets" — and plenty of NYC renters have a pet anyway. New York City has a specific rule that can matter a lot here. This is educational information, not legal advice.

The 90-day rule: NYC Admin Code § 27-2009.1

Under NYC Administrative Code § 27-2009.1 (the "Pet Law"), if you openly and notoriously keep a pet in your apartment — meaning the landlord or their agent knew or reasonably should have known about it — and the landlord doesn't start a legal proceeding to enforce a no-pet clause within 90 days of learning about the pet, they generally waive the right to enforce that clause for as long as you keep a pet. "Openly and notoriously" typically means the kind of thing a landlord, super, or doorman would plausibly have noticed — walking the dog through the lobby, a pet visible during a repair visit, and similar.

This rule doesn't apply to buildings covered by certain exemptions (including some multiple-family houses and where a specific health/safety issue is involved), and it can be affected by things like harassment complaints about the pet. If a landlord suddenly tries to enforce a no-pet clause after months (or years) of visible tolerance, this is exactly the situation the law was written for — but the facts matter, so document your timeline.

Pet deposits: what's actually allowed

New York's security deposit law (General Obligations Law § 7-108, amended by the 2019 Housing Stability and Tenant Protection Act) caps the total security deposit — for everything, including any pet-related deposit — at one month's rent. A landlord generally cannot charge a separate, additional "pet deposit" on top of a full one-month deposit; any pet-related security money has to come out of that same one-month cap, not stack on top of it. A non-refundable monthly "pet rent" or pet fee works differently and isn't capped the same way, but should be clearly stated in the lease.

Service and support animals

Service animals and, in many cases, emotional support animals are treated differently from pets under fair housing law — a "no pets" policy generally can't be used to deny a reasonable accommodation for a service or support animal, and pet deposits/fees generally don't apply to them either. If you need this accommodation, request it in writing and be ready to provide the documentation your landlord may reasonably ask for.

If your landlord threatens eviction over a pet

1. Document how long you've had the pet, and any evidence the landlord knew (photos, dated messages, maintenance requests that mention the pet, neighbor or doorman awareness).
2. Don't panic-rehome the pet before getting advice — if the 90-day waiver applies, you may have a strong defense.
3. Talk to a tenant attorney or legal aid organization, especially if you're served with a formal notice or court papers.

Official sources

• NYC Department of Housing Preservation & Development
• NYC Commission on Human Rights — reasonable accommodation and service/support animal complaints