Pet-Friendly Co-ops and Condos Need a Pet Policy to Avoid Disputes

There are said to be more than 1 million domesticated cats and dogs in New York City, a number that rose sharply during the pandemic. Given that fact of city life, co-ops and condos with a poorly crafted pet policy — or none at all — are leaving themselves vulnerable to a nasty bite. So it's wise to have a policy in place — outside of what the law requires for service and emotional support animals.

“There’s no question we’re seeing more and more pets allowed, which has become an important amenity at many buildings,” says Stewart Wurtzel, a partner at the law firm Tane Waterman & Wurtzel, adding that a clear, well-defined pet policy is your best defense against messy disputes. “But it has to be carefully crafted."

As with all things in real estate, location of the policy matters. “The pet rules should never be in the proprietary lease or bylaws, as those require a supermajority owners vote to change and amend,” says Theresa Racht, the principal at her eponymous law firm. “Pet rules are something that need to be regulated by the board and easily changed by the board.” Therefore, they should be in the house rules.

If you’re creating a new policy, there are two options: start from scratch and tailor it to your building, or have your managing agent obtain policies that have worked well at other co-ops or condos and use them as a template. Every policy should include the number and types of pets allowed; with dogs, you can also specify sizes and breeds. Canines and felines aside, think twice before allowing rodents like gerbils and hamsters, which can wreak havoc if they escape their cages.

There’s no need to include service and emotional support animals (ESAs) in your policy or have a separate policy for them, since New York City’s anti-discrimination laws require residential buildings to allow ESAs as a reasonable accommodation for people who rely on them because of a disability. However, the pet owner must provide medical documentation or a letter from a qualified service provider attesting to the need for a support animal, which your managing agent can verify. Boards should also make sure to answer requests promptly, since delays can be interpreted as a “no” and lead to complaints being filed with the city's Commission on Human Rights.

All animals have to conform to the same rules, which means you need to create a set of guidelines on how you’re going to enforce them. Those rules can include requiring that dogs be leashed in common areas, prohibiting them from defecating on the property and sidewalk, and making pet owners responsible for any damage caused by their pets.

If violators refuse to cooperate after receiving several notices, co-op boards can impose escalating fines before sending a notice of default under the proprietary lease. If the problem isn’t cured within 30 days, you can threaten eviction. 

“But that’s not an option at condos, where people own their units and there’s no way a board can terminate the lease,” says Steven Sladkus, a partner at the law firm Schwartz Sladkus Reich Greenberg Atlas. “The condo may have to sue for an injunction, which you obviously don’t want to do if you can avoid it. It’s always best to try to resolve things amicably.”

Once the policy is in writing, share it with management and have your attorney review the document before distributing to shareholders or unit-owners to make sure there are no legal mistakes that could lead to messy disputes or land you in court. The rules have to be applied and enforced equitably in every case. But even the most comprehensive policy can’t anticipate every flashpoint that might erupt.

“There’s no way to predict them all, so the policy is always a work in progress,” says Dean Roberts, a member at the law firm Norris McLaughlin. “Still, the more detail, the better. Too many rules are rarely a problem.”