NYC Pet Laws & The 3-Month Rule: A Tenant's Guide to Keeping Pets

TL;DR – NYC tenants have strong protections for pets, including the "3-Month Rule" which waives no-pet clauses if a pet is kept openly for 90 days, and a strict ban on "pet deposits" that exceed the one-month security deposit cap.

The "3-Month Rule" (NYC Pet Law)

One of the most powerful tenant protections in New York City is NYC Administrative Code § 27-2009.1, commonly known as the "Pet Law" or the "3-Month Rule."

This law prevents landlords from evicting you for having a pet—even if your lease strictly says "No Pets"—if they knew about the pet for 3 months and did nothing.

How It Works

If you keep a pet in your apartment "openly and notoriously" for a period of three months (90 days), and the landlord (or their agents, supers, or building employees) knew or should have known about it but did not start legal proceedings, the "no pet" clause in your lease is considered waived.

✅ You Are Protected If:

You have kept the pet for at least 3 months (90 days).
You kept the pet "openly and notoriously" (walking it in public areas, not hiding it).
The landlord, super, or building staff saw the pet or knew about it.
The landlord failed to start a court case (a mere letter is not enough) within the 90-day window.

❌ You Are NOT Protected If:

You live in NYCHA public housing (different rules apply).
Your building is a coop/condo (rules vary, especially in Manhattan/Bronx vs. other boroughs; consult a lawyer).
The pet is a nuisance (aggressive, excessive noise, property damage).
You actively hid the pet (sneaking it in/out in a bag, walking it only at 3 AM).

🧾 Checklist: Proving the Landlord Knew

It is not enough to simply have the pet; you must prove the landlord (or their staff) was aware. If you end up in housing court, you will need evidence.

Gather these items to build your defense:

Interaction Log: Write down every time the super, doorman, or landlord saw the pet. Include dates, times, and what happened (e.g., "Jan 4: Super petted Fido in the lobby").
Maintenance Requests: Keep records of repairs done in your unit while the pet was present. If the handyman came in and the dog was on the couch, that counts as notice.
Witness Statements: Ask neighbors if they are willing to sign a statement confirming they have seen you walking the pet openly for months.
Security Footage: In some cases, lawyers can subpoena lobby camera footage showing you entering/exiting with the pet.
Paper Trail: Any emails, texts, or letters where you mentioned the pet, or where the landlord acknowledged it (even if they were complaining!), proves knowledge.
Official Records: Vet records or a NYC Dog License registered to your apartment address dated more than 3 months ago can help establish residency, though they don't prove the landlord saw it.

Security Deposits & Pet Fees

Since the Housing Stability and Tenant Protection Act (HSTPA) of 2019, the rules for moving costs have changed drastically to favor tenants.

No "Pet Deposits" Allowed

Landlords in NYC cannot charge a separate "pet deposit" if it pushes the total deposit over the legal limit.

The Law: A landlord can only hold one month's rent as a security deposit. Period.
The Reality: If your rent is $3,000, your total security deposit cannot exceed $3,000. They cannot ask for $3,000 security + $500 pet deposit. That is illegal.

Pet Rent: Market Rate vs. Rent Stabilized

There is a critical difference in whether a landlord can charge you monthly "pet rent."

Apartment Type	Status	Details
🏢 Market Rate	✅ Legal	Landlords can charge a monthly fee (e.g., $50/mo) for a pet as "additional rent" if written in the lease.
⚖️ Rent Stabilized	❌ ILLEGAL	Landlords cannot charge "pet rent" or fees. Rent is strictly regulated. New fees for pets are generally considered illegal rent increases.

Note: In rare cases, if a pet fee was already in the lease history/riders from many years ago, it might be grandfathered, but new pet fees are prohibited.

Emotional Support Animals (ESAs)

Emotional Support Animals are protected under the NYC Human Rights Law and federal Fair Housing Act. They are not considered "pets" legally, meaning "No Pet" policies do not apply to them.

ESA vs. Service Animal

It is important to distinguish between the two, as they have different rights:

Service Animals: Dogs trained to perform a specific task for a disability (e.g., guiding the blind, detecting seizures). They have broad access rights to all public spaces.
Emotional Support Animals (ESA): Animals that provide comfort/relief for a disability but have no specific training. They have rights in housing but not in restaurants or stores.

Key Rights for ESA Owners

No Pet Fees: You cannot be charged pet rent, pet deposits, or application fees for an ESA, even in market-rate buildings.
No Breed/Weight Restrictions: Building rules banning pit bulls or dogs over 40lbs do not apply to ESAs.
Waived "No Pet" Clauses: Even if your building is strictly no-pets, they must make a "Reasonable Accommodation" for your ESA.

How to Request an ESA Accommodation (The Right Way)

Do not just bring the animal in. Follow the proper protocol to protect yourself legally:

Get a Legitimate Letter: You need a letter from a licensed medical professional (doctor, psychiatrist, therapist, social worker) with whom you have a therapeutic relationship. The letter must state:
- You have a disability (they don't need to name the specific diagnosis).
- The animal is necessary to alleviate symptoms or effects of that disability.
Submit in Writing: Send a formal request for a "Reasonable Accommodation" to your landlord or management company. Attach the letter. Use certified mail or email with read receipts.
Wait for Approval: Landlords generally must approve it unless they can prove it causes an "undue financial or administrative burden" (which is very hard for them to prove for a standard apartment).

🚩 Warning: Online "registries" that sell certificates, vests, or ID cards for $50 are scams. They are legally worthless in NYC housing court. Landlords know this and can reject them. You need a real letter from a provider treating you.

Negotiating with Landlords: The "Pet Resume"

If you are applying for a market-rate apartment that is "pet-friendly" but competitive, or one that is "case-by-case," you need to sell your pet just as much as you sell your financial stability.

Creating a Pet Resume

Landlords fear two things: Noise and Damage. Your goal is to alleviate those fears. Create a one-page PDF to attach to your application including:

Photo: A cute, non-threatening photo of your pet.
Stats: Breed, age, weight, and spay/neuter status.
Training: Mention if they are house-trained, crate-trained, or have passed the AKC Canine Good Citizen (CGC) test (this is a gold star for renters).
References: A quote or contact info from a previous landlord stating "The dog was quiet and caused no damage."
Vet Info: Proof of up-to-date vaccinations (Rabies/Distemper).

Renters Insurance as a Bargaining Chip

Many landlords worry about liability—specifically, your dog biting someone and the landlord getting sued.

The Strategy: Offer to carry Renters Insurance that includes "Animal Liability Coverage" and list the landlord as an "Interested Party."
The Cost: This is cheap for you (often $15-$20/month) but offers huge peace of mind to a nervous landlord.
The Caveat: Check the policy exclusions. Many insurers exclude specific breeds (Pit Bulls, Rottweilers, Dobermans). You may need to find a specialized insurer (like State Farm, which historically does not breed discriminate) if you have a "power breed."

Real-World Scenarios

Understanding how these laws apply in real life can save your lease. Here are three common scenarios NYC renters face:

Scenario A: The "Secret" Cat

Situation: You move into a "No Pets" building. You sneak a cat in. You never let the cat near the window. The super never enters your apartment. You hide the litter box when repairs happen. Two years later, the landlord finds out.
Outcome: Eviction Risk High.
Why: Because you actively hid the pet, it was not "open and notorious." The 3-Month Rule clock never started. You are not protected.

Scenario B: The Friendly Doorman

Situation: Your lease says "No Dogs." You get a dog anyway. You walk it through the lobby every morning at 8 AM. The doorman, Luis, pets the dog and gives it treats. The landlord (owner) lives in Florida and has never seen the dog. After 4 months, the landlord gets a complaint and tries to evict.
Outcome: You Are Likely Protected.
Why: Building employees like doormen and supers are considered agents of the landlord. Their knowledge is "imputed" to the landlord. Since Luis knew for >3 months, the landlord is considered to have known.

Scenario C: The Barking Problem

Situation: You have a dog legally under the 3-Month Rule. However, the dog has separation anxiety and howls for 6 hours straight while you are at work. Neighbors are complaining.
Outcome: Eviction Risk High.
Why: The 3-Month Rule only waives the contractual "No Pet" clause. It does not protect you from Nuisance laws. Chronic noise, aggression, or damaging public areas creates a nuisance, which is a valid ground for eviction regardless of the pet law.

FAQ

Can I be evicted if my dog barks too much? Yes. The 3-Month Rule waives the "no pet" clause, but it does not protect against "nuisance" behavior. If your dog barks incessantly, attacks neighbors, or damages property, you can still be evicted for creating a nuisance.

Does the 3-Month Rule apply to subletters? Generally, yes, but it’s riskier. If the prime tenant has the right to the pet, the subletter might. However, subletting rules are strict. It is best to ensure the prime leaseholder has established the right.

What if the super saw my dog but didn't tell the landlord? In most cases, the super is considered an "agent" of the landlord. If the super knew (e.g., saw you walking the dog, pet the dog), the law usually considers the landlord to have known ("imputed knowledge").

Can a condo board force me to get rid of my dog? Condos and Co-ops have their own complex case law. In some boroughs (like Queens/Brooklyn), the 3-Month Rule often applies to Co-ops. In Manhattan, courts have sometimes ruled differently for Condos. Always consult a tenant lawyer for condo/co-op pet issues.

Can a landlord charge me a monthly fee for my cat in a rent-stabilized unit? No. If your apartment is rent-stabilized, the rent is legally capped. A "pet rent" surcharge is generally considered an illegal rent increase. You can file a complaint with DHCR (Division of Housing and Community Renewal).

I signed a "Pet Rider" agreeing to pay $500 extra deposit. Is that valid? If your total security deposit (including the $500) exceeds one month's rent, that rider is likely unenforceable under the HSTPA of 2019. You may be entitled to get that money back.

Next Steps → Protect Your Home

👉 Set up RentReboot alerts to find pet-friendly apartments before they hit the major aggregators.

Sources

Fact-Check Notes

Claim: The "3-Month Rule" waives no-pet clauses after 90 days of open keeping. — Source: NYC Admin Code § 27-2009.1.
Claim: Landlords cannot charge pet deposits that exceed the 1-month security deposit cap. — Source: Brick Underground (citing HSTPA 2019) & NY General Obligations Law § 7-108.
Claim: Rent-stabilized tenants cannot be charged "pet rent". — Source: Central Astoria LDC & Brick Underground (citing DHCR rules).
Claim: Emotional Support Animals are protected under NYC Human Rights Law. — Source: NYC Commission on Human Rights.
Claim: Doormen/Supers are considered "agents" for imputed knowledge. — Source: Mobilization for Justice (Legal Precedent).