“My Neighbor has a dog. Why can’t I have one, too?”
Property management is all about relationships. Relationships with landlords. Relationships with tenants. Relationships between and among tenants. Make no mistake about it. Being a property manager is part real estate professional, part therapist, and part referee. When pets become an issue, the need to be a referee can often become the dominant hat that I have to wear.
Recently, I had the misfortune of having to explain to a tenant why her neighbor could have a dog but she could not. Yes, the building does have a no-pet policy; however, there are exceptions for service dogs and emotional support animals under the law in New York City. Needless to say, the tenant wasn’t happy but a fact is a fact. Landlords are free to set the policy for their buildings. Remember that despite your apartment being your home, it is your landlord’s property. Pets do create more wear and tear on apartments and your security deposit may not cover the full cost of repairs needed for damage caused by your pet. Put yourself in your landlord’s shoes.
Having said that, it is a fact that during the pandemic many landlords who never allowed pets started allowing them or turned a blind-eye to them. Now that life has returned to normal, some landlords are regretting that decision. For this reason, it is important for pet-owning tenants to be informed of their rights. In New York City there is a Pet Law that applies to renters living in apartment buildings with 3 or more units and COOPs throughout the city. It also applies to condominiums in Brooklyn, Queens, and Staten Island. NYCHA buildings are excluded and have their own pet guidelines. According to the NYC Pet Law, if you have openly and notoriously owned a pet and your landlord or his agent has known (or should have known) for at least three months and did not begin court proceedings to enforce a no-pet clause, then your landlord has waived the right to enforce the no-pet clause.
Of course, there are nuisances to the law and its application and instances where even tenants with emotional support animals can be evicted. So, if you are a tenant at odds with your landlord over your pet or a landlord at odds with a tenant over a pet, speak to a landlord-tenant lawyer about your specific situation.
For pet-owners, here is some information:
As a rule of thumb, prior to renting an apartment or purchasing a COOP, let your real estate agent know that you have a pet, disclose your pet on your rental or purchase application, and get your dog’s paperwork in order (such as: vaccination records, photograph, any letters from a medical provider stating your need for an emotional support animal, etc.). It’s best to rent or purchase a unit in a pet-friendly building right off the bat. However, if you are already living in an apartment and want a pet, prior to purchasing or adopting a pet read your lease agreement to see if it is allowed and speak with your landlord and management company. Bringing a pet into your apartment is definitely a situation where it is better to ask for permission rather than seek forgiveness. As I said at the start of this blog, property management is all about relationships - but so is life in general. Don’t ruin your relationship with your landlord and/or management company over a pet.
This blog post is intended for general information only, and should not be construed as legal advice applicable to your particular situation. The author is not an attorney and F. Juliano Real Estate is a real estate office not a law office. Before taking any action based on this website blog, you should consider your personal situation and seek professional advice from an attorney of the New York State Bar Association.