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The Obligation to Permit Pets Notwithstanding No-Pet Provisions

By Alexander Lycoyannis
February 27, 2013

Generally, courts will enforce prohibitions on maintaining pets contained in residential and proprietary leases or condominium and cooperative house rules. However, exceptions arise from the provisions of the federal Fair Housing Act (FHA), the New York State Human Rights Law (NYSHRL) and the New York City Humans Rights Law (NYCHRL), which, under certain circumstances, require landlords and boards to permit residents with disabilities to keep pets. As one court put it, “the legislative advances protecting the disabled ' require the no-pet clause to bow upon proof of a specific, particularized need to keep a dog, which need arises out of the handicap.” Oceangate Associates Starrett Systems, Inc. v. Dopico, 109 Misc.2d 774, 441 N.Y.S.2d 34 (Civ. Ct. Kings Cty 1981).

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