Can Your Landlord Ban Your Dog? The Legal Rights of Tenants with Pets in NY
If you’ve ever had to choose between your apartment and your animal, you know how brutal housing law can be. In New York, tenant rights are strong in some ways but muddy when it comes to pets — and many landlords take advantage of that grey area.
So, let’s clarify something that affects tens of thousands of renters: Can your landlord legally ban your dog?
The answer is: it depends.
Here’s what matters:
The Lease Rules. If your lease says “no pets,” and you signed it, your landlord technically has the right to enforce it, unless you qualify for a legal exception (we’ll get to that).
The NYC Pet Law. In New York City, if a tenant keeps a pet “openly and notoriously” for three months or more, the landlord may lose the right to enforce a no-pet clause, unless they acted earlier to stop it. This law only applies to buildings with three or more units, and the pet must be kept in plain view.
Rent-Stabilized and NYCHA Housing. There are additional protections here, but also tighter rules. In public housing, emotional support animals and service animals are usually permitted, but all pets must be registered and rules followed closely.
Service and Emotional Support Animals. A landlord cannot refuse housing or evict a tenant for having a service animal. Emotional support animals (ESAs) are also protected under federal Fair Housing laws, as long as the tenant provides proper documentation.
What LAW is seeing:
A surge in illegal evictions, especially when pets are involved.
Landlords using vague lease language to intimidate tenants into surrendering animals.
Tenants being denied lease renewals due to pets — particularly large dogs or “restricted” breeds.
What to do if your landlord threatens your pet:
Get everything in writing.
Know your lease and the building’s history with pet enforcement.
If applicable, gather ESA or service animal paperwork.
Contact a housing lawyer or a group like LAW, we often work with tenants under threat.
Bottom line: In NYC, your pet may be more legally protected than you think — but only if you know your rights and act fast. If your landlord tries to weaponize your lease to separate you from your animal, we’re ready to fight back.