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New York State Pet Laws for Apartments (90-Day Pet Law)
New York has some unique laws for those renting an apartment with a pet that you should know about before moving in with your furry friend. The 90-day pet law and ESA housing laws are two important protections that you should know about that can potentially save you some trouble (and money!)
If you are a California resident and have a dog you must establish a relationship of no less than 30 days with the therapist writing the ESA letter.
The law that requires this is the AB 468 law which was passed on January 1, 2022.
This law doesn’t apply to any other type of ESA.
Navigating the complexities of New York State pet laws for apartments can be a daunting task. Understanding the legal framework surrounding pets in rental properties is crucial for both tenants and landlords alike. One notable regulation within New York State's pet laws for apartments is the 90-day pet law, offering a unique provision for tenants seeking to introduce a furry companion into their homes. This law provides a temporary window of opportunity, allowing tenants to keep a pet in their rental unit for 90 days without facing repercussions from their landlord, even if the lease agreement explicitly prohibits pets. This introductory period offers tenants the chance to demonstrate responsible pet ownership and potentially negotiate with their landlord for permanent accommodation of their pet.Â
In this article, we’ll examine the nuances of New York State's pet laws for apartments, with a specific focus on the 90-day pet law and its implications for both tenants and landlords.
What Pet Laws Does New York Have for Apartments?
Living in New York City, the hustle and bustle of urban life often comes hand in hand with apartment dwelling. For many residents, having a furry companion can bring comfort and joy to their daily routine. However, navigating the maze of regulations regarding pets in apartments can be daunting. Understanding New York State pet laws for apartments is crucial for both tenants and landlords alike.
The short answer is yes, but with conditions. New York State law allows tenants to keep pets in their rental units unless there are specific restrictions outlined in the lease agreement. However, it's important to note that while state law permits pets, individual landlords have the authority to set their own rules regarding animals on their property.
Can Landlords Charge Pet Fees in New York?
In New York, landlords are allowed to charge pet fees and deposits, as long as these fees are outlined in the lease agreement. These fees typically cover potential damages caused by pets and are separate from the security deposit. Landlords may also require tenants to obtain renters' insurance that includes coverage for pet-related incidents.
What is the 90-Day Pet Law?
One notable regulation in New York State regarding pets in rental properties is the 90-day pet law. This law allows tenants to keep a pet in their apartment for 90 days without facing repercussions from their landlord, even if the lease agreement explicitly prohibits pets. This provision gives tenants a window of opportunity to prove to their landlord that their pet is well-behaved and does not cause any disturbances.
How Can I Take Advantage of the 90-Day Pet Law?
To take advantage of the 90-day pet law, tenants should approach their landlord with transparency and responsibility. This means informing the landlord about the presence of the pet in the apartment and demonstrating good pet ownership practices, such as proper training and cleanliness. Building a positive relationship with the landlord during this probationary period can increase the likelihood of reaching a compromise regarding the pet's continued presence in the apartment.
What If My Landlord Doesn’t Allow My Pet?
If a landlord explicitly prohibits pets in the lease agreement and refuses to accommodate a tenant's request to keep a pet, the tenant may have limited options. In such cases, tenants may consider negotiating with the landlord, seeking alternative housing that allows pets, or exploring legal remedies if they believe the landlord's refusal is unjust or discriminatory.
Renting with Emotional Support Animals and Service Animals in New York
In addition to traditional pets, New York State recognizes the importance of emotional support animals (ESAs) and service animals for individuals with disabilities. Under federal law, landlords are required to make reasonable accommodations for tenants with disabilities who require assistance animals, including ESAs and service animals.
Can Landlords Deny ESAs?
No, landlords cannot deny a tenant's request to keep an ESA if the tenant provides proper documentation from a licensed healthcare professional confirming the need for the animal. Unlike traditional pets, ESAs are exempt from pet fees and breed or size restrictions imposed by landlords under the Fair Housing Act (FHA).
How Do I Get an Emotional Support Animal in New York?
To obtain an ESA in New York, individuals must first be diagnosed with a qualifying mental or emotional disability by a licensed healthcare professional. Once diagnosed, the individual can request an ESA letter, which should include information about the disability and the need for the animal's presence for therapeutic purposes.
An example of what a legitimate ESAÂ letter should look like with the licensed mental health professional's (LMHP's) information included.
How to Get an ESA Letter with Pettable
Pettable is a reputable online platform that connects individuals with licensed healthcare professionals who specialize in ESA evaluations. Through Pettable, individuals can schedule virtual consultations with healthcare professionals and receive ESA letters conveniently and efficiently. With Pettable, navigating the process of obtaining an ESA in New York has never been easier.
Understanding New York State's pet laws for apartments is essential for both tenants and landlords to ensure a harmonious living environment. While landlords have the authority to set their own rules regarding pets in rental properties, tenants have rights and options, including the 90-day pet law and accommodations for ESAs and service animals. By navigating these regulations with transparency and responsibility, tenants and landlords can find mutually beneficial solutions regarding pets in apartment living.
Kristi Carignan is a seasoned freelance writer with over 20 years of experience crafting copy for global agencies and brands. When she's not writing, she enjoys spending time with her furry companions, Sugar the PomChi and Rudy the Shiba Inu, and indulging in hobbies like crafting and home renovation.
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