While Condominium Boards can take some solace in the fact that New York has given them the liberty to enforce the terms of the Associations’ Governing Documents, New York City’s locals laws require a Board to be more aggressive in enforcing the Association’s policies. Two types of laws essentially give an individual tenant, renter or cooperative shareholder the right to keep a pet, even if there is a "no pet" provision in the lease, Declaration, rules, and regulations.

In New York City (Administrative Code of the City of New York Section 27-2009.1) and Westchester County (Laws of Westchester County Section 694), statutes commonly known as the "Pet Law,” give tenants in cooperatives and most condominiums, as well as other types of dwellings, the right to keep a pet, even if there is an applicable "no pet" clause in the Association’s rules and regulations and Governing Documents. The same applies for restrictions to certain types of pets or certain breeds.

Under the "Pet Law", if a landlord or Association fails to enforce the provisions of their restrictive provisions within three months of its knowledge of a Unit Owner’s open and notorious harboring of a pet, then the restrictive provision is deemed null and void. The Association may no longer enforce that particular provision.

Condominium Boards must also be sure to balance their restrictive provisions with applicable federal and state laws against discrimination. Just as a landlord must accommodate a disabled tenant or Unit Owner who requires a wheelchair, a companion animal must similarly be permitted, even if it goes against the Association’s pet policy. The federal Fair Housing Act and the New York City Civil Rights Law require that a housing provider give a "reasonable accommodation" to a disabled individual to use and enjoy his or her home by keeping a medically necessary companion animal. Failure to provide this “reasonable accommodation” in the form of a companion animal could expose the Association to severe penalties including the assessment of fines, compensatory and punitive damages in state or federal court, as well as fines which may be levied by such New York State regulatory agencies.

In sum, a Cooperative or Condominium Board in New York State is free to adopt a pet policy as they see fit, even those restricting and prohibiting certain dog breeds. However, when it comes to New York City and Westchester, Associations must be sure to comply with the “Pet Law” which requires the Association to take action within three months of discovering a Unit Owner has a pet/dog in violation of the Association’s rules. Failure to take action renders that policy void. Furthermore, Associations must always be sure to comply with all Federal and State anti-discrimination laws. Where a companion pet is needed to treat a disability, an Association’s denial of that companion pet could lead to severe consequences.

If you would like to discuss this client alert in more detail or how it may affect your community association, please contact Zain Naqvi at 609-895-7288 or by email at znaqvi@stark-stark.com