Pet and Assistance-Animal Policy for New York Landlords

Keep Two Workflows Separate

An ordinary pet policy is an owner operating choice subject to the lease, applicable local law, and insurance restrictions. An assistance-animal request is a disability-accommodation matter under fair housing law. Do not process the second as ordinary pet screening.

Ordinary Pet Policy

Use written, neutral criteria for permitted animals, behavior, sanitation, noise, damage, vaccination records, and owner responsibility. Apply those criteria consistently to ordinary pets and preserve the signed pet rider and incident records.

New York State law requires rabies vaccination for dogs, cats, and domesticated ferrets, subject to statutory exceptions. New York City does not permit ferrets. A landlord may request current vaccination documentation for an ordinary pet where the policy does so consistently.

Deposit Limit

New York General Obligations Law §7-108 limits a covered residential deposit or advance to one month's rent. A landlord cannot collect an additional pet deposit on top of a full one-month security deposit. Do not rename a refundable deposit to evade the cap; send any proposed nonrefundable charge or rent structure to counsel before use.

Assistance Animals

HUD states that an assistance animal is not a pet. A person with a disability may request an exception to a no-pets policy or another pet rule as a reasonable accommodation. Where the Fair Housing Act conditions are met, an assistance-animal accommodation must be allowed and may require waiver of a pet deposit, pet fee, or other pet restriction.

If the disability and disability-related need are not apparent, HUD permits the provider to request reliable disability-related information needed to evaluate the request. The analysis is case-specific. HUD identifies possible grounds for denial that include an undue financial and administrative burden, a fundamental alteration, a direct threat that cannot be reduced by another accommodation, or significant physical damage that cannot be reduced by another accommodation.

Do not reject an assistance animal merely because the animal fails an ordinary pet breed, weight, or size rule. Evaluate the requested accommodation and the specific animal under the HUD framework, document the decision, and obtain fair-housing counsel for a contemplated denial.

Operating Checklist

1. Ask whether the submission is an ordinary pet request or a disability-related accommodation request.
2. For an ordinary pet, apply the written pet policy and collect only lawful charges.
3. For an accommodation request, use the fair-housing workflow and limit documentation to what HUD permits.
4. Record the decision and any approved exception without disclosing disability information to staff who do not need it.
5. Escalate a proposed denial, unusual animal, safety concern, or uncertain charge to qualified counsel.

Sources

• U.S. Department of Housing and Urban Development, Assistance Animals, fetched and read August 7, 2026.
• New York State Senate, General Obligations Law §7-108, fetched and read August 7, 2026.
• New York State Department of Health, What Pet Owners Need to Know About Rabies Vaccinations in New York State, fetched and read August 7, 2026.

ARTICLE_ID: landlords-154