Beware When Revising Your Pet Policy

Want to make sure you get a quorum at your annual meeting? Announce that the board is going to discuss one or more of the following: redoing the lobby; raising maintenance; modifying the building’s pet policy.

"Any change to a building’s pet policy has the potential to rankle apartment owners like few other changes a board can make," attorney Steve Wagner, a partner at Wagner Berkow and a board member of his own 412-unit Manhattan co-op, tells Brick Underground. "After all, pets are members of the family. In fact, a family dog or cat may be the only member of the family that everyone gets along with."

So boards that agree to allow pets in the building need to beware that they’re crossing a minefield when they set out to establish or revise a pet policy. Wagner advises boards to include these provisions:

Registration and fees. Most buildings that allow pets require that the pet be identified and registered with the building. A photograph and other relevant information about the pet is usually included. It is not uncommon to have a pet fee, generally around $50 to $100.

Inoculation and governmental registration. Most policies require the dog to have received all necessary shots and be registered with the appropriate governmental agency. If the pet is a service dog or a comfort dog, there are certificates available to pet owners to demonstrate the pet is qualified as such.

Restrictions on breeds. This may be controversial, but it is not illegal to prohibit breeds like pit bulls that are considered particularly aggressive and dangerous.

Restraints in public areas. Many policies require that the pet be on a leash or carried when entering or leaving the building. Often pet owners are required to use a service elevator if one is available in the building. Service animals are required to have harnesses or collars by law.

Restrictions on size. Often dogs exceeding a certain weight are prohibited. The weight limit most commonly used is 40 pounds.

Objectionable conduct. The policy may broadly prohibit dogs for uncontrolled barking, jumping on people, growling and snapping at people, or relieving themselves in public areas.