Animals and Housing, Evictions

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Photo of a happy dog looking at text that reads, 'Is Your Roommate and Animal?'

Many companion animals are surrendered to animal shelters because of housing-related issues, some directly related to animals (for example, pet-restrictive policies) and some not. Yet both people and pets benefit when families can stay together. Read on for information on tenant support resources, laws pertaining to animals in housing, what happens to animals in evictions, and pet rehoming and surrender options.

Generally, tenants, including pet owners, have the right to remain in their home unless evicted by an NYC marshal or sheriff after the landlord has gone through the housing court process. Your immigration status and lease terms do not affect these rights. Learn more about illegal lockouts.

Tenant Support

The Tenant Support Unit (TSU) within the Mayor’s Public Engagement Unit (PEU) helps New Yorkers who may be experiencing landlord harassment, are at risk of displacement, or need to make home-related repairs.  Visit their website to learn more about NYC tenant rights. NYC Housing Preservation and Development (HPD), in collaboration with the Mayor’s Tenant Protection Cabinet (TPC), has developed the New York City Tenant Bill of Rights, which outlines the basic rights to which all tenants in NYC are entitled.

The Tenant Helpline is a centralized hub where New Yorkers at risk of displacement or facing a housing-related issue can access information about tenants' rights and get connected to resources. To contact the Tenant Helpline, call 311 and say, "Tenant Helpline."

Image of a family next to text advising people to call 311 and ask for the Tenant Helpline to get free help from an NYC Tenant Support Specialist. It also includes the web address nyc.gov/TSU


Animal Care Centers of NYC (ACC), the City’s open-admission animal shelter, may also be able to connect you with a tenant advocate for pet-related housing issues.

Laws Protecting Animals in Housing

In some situations, New Yorkers have the right to keep an animal, even if their lease prohibits pets. (Keep in mind, though, that not all animals are allowed to be kept as pets in New York City).

Three-Month Rule

If you live in a private building with three or more units and have kept a pet visibly, clearly, and without trying to hide the pet  (i.e., "openly" and "notoriously") for three or more months before the landlord began a court case to enforce the no-pet clause, you may have the right to keep your pet, per § 27-2009.1 of the Administrative Code of the City of New York.

If this applies to you, start gathering evidence that your pet has not been a secret from your landlord or building staff/agents such as the doorman or super. Among other items, you might have:

  • Adoption paperwork or veterinary records, for example, how long you’ve had the pet and that you’ve taken your pet in and out of the building.
  • Letters from neighbors who have seen the pet.
  • Examples of times you’ve taken your pet through the lobby.
  • Deliveries to your unit of pet supplies such as litter or pet food.
  • Instances where pets and/or supplies (e.g. a litter box) were visible when repairs were done in your unit.

Assistance Animals

If you have a disability and your animal is a service animal or emotional support animal (ESA) you may be able to keep your animal with you. Assistance animals, including service animals and ESAs, are not pets, and tenants with them have protections under city, state and/or federal laws, including the U.S. Fair Housing Act and the NYC Human Rights Law.

Housing providers—including shelters and other forms of temporary and supportive housing—must provide a reasonable accommodation to permit service animals or ESAs unless doing so would cause an undue hardship. Policies that: (1) limit pet sizes or breeds; (2) impose pet fees/deposits; or (3) indicate that no pets are allowed, are not applicable to these animals.

Visit this page on Service and Emotional Support Animals for more information.

Evictions

Pet owners at risk of eviction face numerous challenges to secure the welfare, security, and safety of their pets because there are few resources and services available that effectively integrate human and animal needs. If you are at risk for eviction and you have an animal, please use this information to plan in advance for the care and/or placement of your animal.

Remember, tenants, including pet owners, generally have the right to remain in their home unless evicted by an NYC marshal or sheriff after the landlord has gone through the housing court process. Learn more about illegal lockouts.

Tenant Resource Portal / Tenant Helpline / Homebase

The New York City Tenant Resource Portal is an eviction prevention tool that helps tenants across the city find the resources they need in one place. For information on how eviction protections might apply to you, please visit the portal or call 311 and ask for the City’s Tenant Helpline. You can also call the Helpline to find out if you qualify for free legal assistance available to low-income tenants facing eviction.

Homebase is an NYC Human Resources Administration program that provides New Yorkers experiencing housing instability in the community with various homeless prevention services and aftercare services to families and individuals exiting NYC DHS shelter to permanent housing. You may be eligible for Homebase services if you are at imminent risk of entering the New York City shelter system; are low-income; want to remain stably housed in your community. Learn more about Homebase here.

Make a Plan

Consider identifying an alternative caregiver and/or placement for your companion animal prior to eviction. This may be someone within your social network, a temporary caregiver you find on an online pet fostering platform, or a commercial service like a private boarding facility.

No matter which option you choose, make sure your animal is current on their vaccinations and that you have copies of their veterinary records. If you choose to board your animal at a commercial facility, call in advance to check on pricing, availability, and types of services offered, which can vary by business.

Remember, service animals and emotional support animals (ESAs) are not considered pets (they are assistance animals). If you have a service animal or an ESA and expect you’ll be entering a shelter, please see this page on Service and Emotional Support Animals for more information.

Ensuring Safe Removal of Your Animal Once an Eviction Has Occurred

If you are evicted from the premises while you are not home, you may not have an opportunity to remove your companion animal from the property before your door is padlocked. It is important to know that:

  • In New York State, the New York City marshal (“marshal”) or New York City Sheriff’s Office (“sheriff”) executing the eviction warrant must check the property for companion animals and coordinate the safe removal of animals with the evictee or with an animal shelter. (See § 749 of the New York State Real Property Actions and Proceedings Law).
  • The marshal or the sheriff will leave a notice on the door indicating to which shelter your animals have been taken if they have been removed and are no longer in the apartment.

If you have been locked out and your animal is still inside the apartment:

  • Try to coordinate with the building staff or landlord to get your animal first. Keep a record of your correspondence.
  • If you still need assistance with retrieving your animal, call your local police precinct.
  • Under NYC law (Administrative Code § 17-819), you may also pursue legal action against a landlord who denies you the possession of your companion animal after an eviction. You may be able to sue the landlord for any or all of the following relief:
    • Reimbursement for losses suffered and an additional monetary award for particularly damaging behavior
    • An order of seizure to retrieve your animal
    • Attorney’s fees and costs

Surrender Prevention and Placement Options for Your Animal

Animal Care Centers of NYC (ACC) is the City’s open-admission animal shelter, and while you can surrender your animal at one of their locations due to housing or other challenges, you can also speak to ACC counselors about resources that may help you stay together.

Before you consider surrendering your animal to the shelter, you can also try finding a new home for them on your own. See ACC’s Rehoming Your Pet page  for tips on finding a safe new home for your animal and instructions on how to speak with someone from ACC for further guidance on placement options.

QUICK LINKS / MORE INFORMATION

The information provided on this website is not intended to be legal advice.  Please consult a qualified legal professional for advice on your specific situation.