New York 90-Day Pet Laws for Apartment: What Renters Should Know

What is New York's 90-Day Pet Law?

The 90-Day Pet Law is a local New York City regulation. It applies specifically to buildings with three or more residential units. This law protects tenants who have kept pets openly despite lease restrictions.

How the 90-Day Pet Law Works

Under NYC Administrative Code § 27-2009.1, landlords waive their right to enforce no-pet clauses. This happens when specific conditions are met during the three months.

The tenant must keep their pet openly and notoriously for 90 days. This means the pet cannot be hidden or concealed in any way. Walking your dog through the lobby or common areas qualifies as open presence.

The landlord, their agent, or building staff must know about the pet. If they fail to take legal action within three months, enforcement rights are waived. Simply sending a letter may not count as legal action in some NYC areas.

Where the 90-Day Pet Law Applies

This law covers specific property types in New York City. Co-ops and rental buildings in all five boroughs are included. Condominiums in Brooklyn, Queens, and Staten Island also fall under this protection.

The law only protects standard household pets like dogs and cats. These animals must be legal to own within the New York City limits.

Important Limitations of the 90-Day Pet Law

The law does not protect pets that cause problems in the building. Nuisance behavior, property damage, or health hazards void this protection. The tenant must prove the pet was kept openly and visibly. Documentation, like adoption papers or photos in the common area, helps establish the timeline.

Renting With an Emotional Support Animal in New York

Renting with an emotional support animal in New York is protected by both federal and state law. The Fair Housing Act (FHA) and the New York State Human Rights Law prohibit housing discrimination against individuals with disabilities who require assistance animals. These laws require landlords to make reasonable accommodations for tenants with qualifying emotional or mental health conditions.

ESA protections apply even in buildings with strict no-pet policies, ensuring eligible tenants can live with their support animals without fear of discrimination or eviction.

What Qualifies as an Emotional Support Animal

An emotional support animal provides therapeutic benefits that help alleviate symptoms of a documented mental or emotional disability. Unlike service animals, ESAs do not need specialized task training.

Any domesticated animal that is legal to own in New York can qualify as an ESA, as long as its presence supports a disability-related need. Conditions such as anxiety disorders, depression, PTSD, and other mental health disabilities are recognized under federal and New York law when properly documented.

How ESA Housing Rights Work for Renters

New York landlords must provide reasonable accommodation for emotional support animals. This obligation overrides standard no-pet rules, breed bans, and weight limits.

Tenants must submit documentation from a licensed healthcare professional confirming the need for an ESA. Landlords are not entitled to know your diagnosis—only that you have a qualifying disability and that the animal provides therapeutic benefit.

Emotional support animals are exempt from pet fees, pet deposits, and monthly pet rent. Landlords also cannot require additional insurance or apply breed-specific restrictions to legitimate ESAs

ESA Letter Requirements in New York

A valid ESA letter must be written by a licensed mental health professional who is authorized to practice in New York State. Telehealth evaluations are acceptable as long as the provider holds an active New York license.

The letter should include:

• The provider’s name, license number, and state
• Your name
• A clear ESA recommendation
• Date of issuance and signature
• Professional letterhead

Avoid scam ESA registration or certifications sold without an evaluation. These are commonly rejected by landlords and offer no legal protection.

When New York Landlords Can Deny an ESA Request

ESA accommodation requests can only be denied in limited circumstances. A landlord may refuse if the specific animal poses a direct safety threat or causes substantial property damage that cannot be reasonably addressed.

Any denial must be based on the animal’s actual behavior—not its breed, size, or species. Blanket bans and insurance objections do not override ESA protections under New York and federal housing law.

New York's 90-Day Pet Law vs ESA Rights: Key Differences

Understanding how these two protections differ is essential for New York tenants. Each operates under distinct legal frameworks with different requirements and benefits.

Legal Framework and Scope

The 90-Day Pet Law is a local NYC regulation limited to city limits and applies only to buildings with three or more units in specific boroughs. ESA rights, supported by a valid New York ESA letter, are protected nationwide under the Fair Housing Act and receive additional protection under the New York State Human Rights Law across the state.

Type of Animal Protected

The 90-Day Pet Law covers standard household pets like dogs and cats. These must be animals legally permitted under New York City health codes. ESA rights protect any domesticated animal that provides therapeutic benefits for disabilities. The animal must be legal to own, but can include various species.

Documentation Requirements

The 90-Day Pet Law requires proof of open and notorious pet presence. Tenants must show the pet lived visibly in the building for 90 days. Evidence includes adoption dates, veterinary records, or photos in common areas.

ESA protection requires a letter from a licensed healthcare professional. The letter must verify a disability and the animal's therapeutic necessity. No prior relationship with the provider is legally required in New York.

Fees and Financial Obligations

New York City’s 90-Day Pet Law prevents landlords from enforcing no-pet clauses after three months of open pet ownership. However, landlords may still charge lawful pet fees, pet rent, or deposits as permitted under New York State pet deposit law, since the statute does not eliminate pet-related charges.

Emotional support animals are treated differently. ESA owners are completely exempt from all pet-related charges under federal and New York State fair housing laws. This exemption includes pet deposits, pet rent, pet fees, and additional insurance requirements, regardless of lease terms or local pet policies.

Override of Lease Provisions

The 90-Day Pet Law provides a conditional override of no-pet clauses. It only applies after 90 days of open presence without landlord action. The burden of proof often falls on the tenant to demonstrate compliance.

ESA rights require immediate waiver of no-pet policies upon proper documentation. Landlords must provide reasonable accommodation regardless of existing lease terms. The accommodation applies as soon as valid documentation is provided.

Enforcement and Geographic Reach

The 90-Day Pet Law only applies within New York City boundaries. It covers rentals and co-ops in all boroughs, along with certain condominiums. In contrast, New York ESA law applies throughout New York State, while federal ESA protections extend nationwide. Federal law establishes consistent baseline housing protections, and state law may add additional provisions.

Which Protection Should You Use?

Choosing between these protections depends on your specific situation and needs. Each offers distinct advantages for different circumstances involving pets in rental housing.

When to Rely on the 90-Day Pet Law

This protection works best if you already have a standard pet. The pet has been living with you openly for three months. You live in New York City in a qualifying building type.

The 90-Day Pet Law applies when you don't have a qualifying disability. It's useful if you're unable to obtain ESA documentation from healthcare providers. This option requires no medical verification or ongoing documentation maintenance.

When ESA Rights Provide Better Protection

ESA protections are ideal if you have a diagnosed mental health condition. Your animal provides specific therapeutic benefits for your disability symptoms. You can obtain legitimate documentation from a licensed healthcare professional.

ESA rights eliminate all pet-related fees and deposits from the start. They override breed and size restrictions that standard pets face. Protection begins immediately upon providing valid documentation to your landlord.

ESA rights also extend beyond New York City to anywhere in the state. They provide protection when moving to new housing throughout your lifetime.

Common Misconceptions About 90-Day NYC Pet Law and ESA Rights

Many New Yorkers misunderstand how these protections work in practice. Clearing up these misconceptions helps tenants exercise their rights appropriately.

90-Day Pet Law Misconceptions

Some believe the law applies automatically to all pets after 90 days. The pet must be kept openly, and the landlord must fail to act. Hiding your pet and then claiming protection does not work.

The law does not protect pets causing damage or being nuisances. Even after 90 days, problem animals can still face removal from buildings. Landlords retain the right to address legitimate issues affecting other residents or property.

ESA Rights Misconceptions

ESAs do not have automatic access to all public places, like restaurants. Public access rights belong only to trained service animals under the ADA. ESAs have specific housing protections but not blanket public accommodation rights.

Airlines are no longer required to accommodate ESAs under federal law. Each airline sets its own policies regarding emotional support animals in cabins. Many now treat ESAs as regular pets subject to standard fees.

Online ESA registries and certificates have no legal validity whatsoever. Only letters from licensed healthcare professionals carry legal weight for housing accommodations. Landlords can reject fake documentation from questionable online sources.

Steps to Protect Your Pet and ESA Rights in New York

Taking proper action ensures you maintain legal protections for your pet. Following the correct procedures prevents disputes and potential housing problems.

For 90-Day Pet Law Protection

Document when your pet arrived at your apartment with receipts or papers. Take photos of your pet in common areas throughout the building. Walk your dog regularly through lobbies and shared spaces visibly.

Keep records of any communication from landlords about your pet. Note dates when building staff or management see your animal. After 90 days of open presence, you can assert your legal rights.

For ESA Protection

Schedule an evaluation with a New York licensed mental health professional. Discuss how your animal helps manage your disability symptoms honestly. Obtain a proper ESA letter on official letterhead with complete information.

Present the letter to your housing provider when requesting accommodation. Keep copies of all communication and documentation for your records. Update your ESA letter annually, as it expires after 12 months.

Where to Get Help for Housing Discrimination in New York

New Yorkers facing housing discrimination have several avenues for assistance and complaint resolution. Understanding these resources helps protect your rights when issues arise.

Filing Complaints About Discrimination

The NYC Commission on Human Rights handles discrimination complaints in the city. They enforce the NYC Human Rights Law with strict penalties for violations. Complaints can be filed online or in person at their offices.

HUD also accepts complaints regarding Fair Housing Act violations nationwide. The New York State Division of Human Rights addresses statewide discrimination issues. These agencies investigate complaints and can order remedies for violations.

Finding Legal Assistance

Tenant rights organizations throughout New York provide free consultations and resources. Many attorneys offer initial consultations at no charge for housing matters. Legal aid societies serve low-income tenants facing housing discrimination issues.

Important Reminders for All New York Tenants

Both the 90-Day Pet Law and ESA rights provide valuable protections. However, they come with responsibilities that tenants must uphold consistently.

Pet owners remain liable for any damage their animals cause. This applies to both standard pets and emotional support animals. Clean up after your pet and address behavior problems immediately.

Be truthful about your situation when claiming either protection type. Falsely claiming a pet as a service animal carries fines in New York. Misrepresenting your circumstances can result in loss of housing and legal consequences.

Work cooperatively with landlords when possible to maintain positive relationships. Provide requested documentation promptly and keep animals well-behaved. Most disputes can be resolved through clear communication and mutual respect.

How to Keep Your Pet in a NYC Apartment 

Keeping a pet in a New York City apartment can feel overwhelming, especially when most leases include strict no-pet clauses. However, NYC tenant pet laws offer several legal pathways that may allow renters to keep their pets without risking eviction. Understanding these rules before problems arise is key.

Review Your Lease Carefully

Most NYC rental agreements prohibit pets, and violating a no-pet clause can expose tenants to legal action. Still, a no-pet clause is not always the final word. New York City law includes exceptions that may protect tenants under specific circumstances.

Use NYC’s Pet Law to Your Advantage

Under NYC’s Pet Law, a landlord may lose the right to enforce a no-pet rule if:

• The tenant keeps the pet openly and visibly
• The landlord or building staff knows (or should know) about the pet
• No court action is taken within three months

This is commonly known as the three-month rule. If all conditions are met, the landlord may be legally prevented from evicting a tenant based solely on pet ownership.

Visibility Matters—Don’t Hide Your Pet

For the Pet Law to apply, tenants must not conceal their pets. Walking a dog through common areas or allowing building staff to see the pet helps establish landlord awareness. Hiding a pet can weaken legal protection.

Understand That Protection Is Pet-Specific

In many cases, Pet Law protection applies only to the specific animal involved. If a pet is replaced with a new one, the legal protection may not automatically transfer.

Emotional Support Animals Are Legally Different

Tenants with qualifying disabilities may be entitled to keep an emotional support animal (ESA) even in buildings that ban pets. ESAs are protected under fair housing and anti-discrimination laws.

To qualify, a tenant must:

• Have a disability that substantially limits a major life activity
• Show that the animal is necessary to fully use and enjoy the apartment
• Make a reasonable accommodation request
  

Importantly, emotional support animals do not require special training or registration, but documentation from a healthcare professional is usually required.

NYCHA Apartments Follow Separate Pet Rules

Tenants living in New York City Housing Authority (NYCHA) housing are subject to different regulations. Generally, NYCHA residents may keep one cat or one small dog, along with certain caged animals, as long as registration and care requirements are met.

Avoid Creating a Pet Nuisance

Even legally permitted pets can lead to eviction if they cause ongoing issues. Excessive noise, aggressive behavior, unsanitary conditions, or repeated property damage may be considered a nuisance. Courts usually look for repeated problems, not isolated incidents.

Know Your Rights if a Landlord Threatens You

A landlord cannot force a tenant to remove a pet without a court order. In most cases, tenants are given time to correct the issue before eviction becomes final. Keeping written records and addressing complaints promptly can make a major difference.

Keep Documentation and Act Early

Save emails, notices, and records showing when the landlord became aware of your pet. If a dispute arises, seeking legal advice early often helps tenants protect both their housing and their pets.

To wrap up, New York's 90-Day Pet Law and ESA rights operate under different legal frameworks. The 90-Day Pet Law offers local protection for standard pets kept openly. ESA rights provide comprehensive federal and state protections for disability-related assistance animals.

Understanding which protection applies to your situation is crucial for housing security. The 90-Day Pet Law works for tenants with pets in qualifying NYC buildings. ESA rights serve individuals with disabilities requiring animal support throughout New York.

Both protections help ensure that tenants can live with their beloved companions. Know your rights, follow proper procedures, and maintain responsible pet ownership. These protections exist to balance tenant needs with landlord concerns fairly.

Get Your Legitimate ESA Letter Today!

If you qualify for an emotional support animal and need a legitimate ESA letter for housing protection in New York, RealESALetter.com connects you with licensed mental health professionals. Our streamlined process ensures you receive proper documentation that landlords will accept.

Getting started is simple and takes just minutes. Complete our online assessment to determine if you qualify for an ESA letter. You'll then schedule a consultation with a New York-licensed mental health professional who will evaluate your needs.