N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2009.1
Rights and responsibilities of owners and tenants in relation to pets (New York City Housing Maintenance Code)
Operative Text
a. Legislative declaration. The council hereby finds that the enforcement of covenants contained in multiple dwelling leases which prohibit the harboring of household pets has led to widespread abuses by building owners or their agents, who knowing that a tenant has a pet for an extended period of time, seek to evict the tenant and/or his or her pet often for reasons unrelated to the creation of a nuisance. Because household pets are kept for reasons of safety and companionship and under the existence of a continuing housing emergency it is necessary to protect pet owners from retaliatory eviction and to safeguard the health, safety and welfare of tenants who harbor pets under the circumstances provided herein, it is hereby found that the enactment of the provisions of this section is necessary to prevent potential hardship and dislocation of tenants within this city. b. Where a tenant in a multiple dwelling openly and notoriously for a period of three months or more following taking possession of a unit, harbors or has harbored a household pet or pets, the harboring of which is not prohibited by the multiple dwelling law, the housing maintenance or the health codes of the city of New York or any other applicable law, and the owner or his or her agent has knowledge of this fact, and such owner fails within this three month period to commence a summary proceeding or action to enforce a lease provision prohibiting the keeping of such household pets, such lease provision shall be deemed waived. c. It shall be unlawful for an owner or his or her agent, by express terms or otherwise, to restrict a tenant's rights as provided in this section. Any such restriction shall be unenforceable and deemed void as against public policy. d. The waiver provision of this section shall not apply where the harboring of a household pet causes damage to the subject premise, creates a nuisance or interferes substantially with the health, safety or welfare of other tenants or occupants of the same or adjacent building or structure. e. The New York city housing authority shall be exempt from the provisions of this section.
N.Y.C. Admin. Code §§ 27-2001 & 27-2009.1, commonly called the NYC Pet Law, establishes that a no-pet lease clause can be legally waived when a tenant openly keeps a pet for three or more months and the building owner or agent is aware of it yet takes no action to enforce the prohibition during that window. Once that three-month period passes without the owner initiating a legal proceeding, the no-pet clause is treated as if it no longer exists for that tenancy. The waiver does not apply, however, if the pet causes property damage, constitutes a nuisance, or substantially interferes with the health, safety, or welfare of other residents. The New York City Housing Authority is explicitly exempt from this provision.
Plain English — not legal advice.
Under N.Y.C. Admin. Code §§ 27-2001 & 27-2009.1, building owners and managers who wish to enforce a no-pet lease clause generally act promptly—within three months of becoming aware that a tenant is openly keeping a pet—by commencing the appropriate summary proceeding or legal action. Operators who allow that three-month window to lapse without taking action risk having the no-pet clause deemed permanently waived for that tenancy. Compliant operators also document their awareness and response timelines carefully, and they remain aware that even after a waiver occurs, they may still pursue action if a pet causes damage, creates a nuisance, or substantially harms other residents' health, safety, or welfare.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code §§ 27-2001 & 27-2009.1 is designed to protect tenants from retaliatory eviction based on pet ownership when an owner has knowingly allowed a pet to remain openly in the unit for three or more months without legal challenge. If a landlord attempts to evict a tenant over a no-pet clause after that period has passed, the tenant may be able to raise the statutory waiver as a defense in the proceeding. Tenants facing such situations can explore their options by contacting the New York City Department of Housing Preservation and Development, a local tenant-rights organization, or legal aid services familiar with housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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