If you live in New York City or Westchester County, there are local laws which provide that if a tenant keeps a pet or pets openly with the knowledge of the owner or owner’s agent for three months or more and the owner does not commence a legal proceeding within this time to enforce the no-pet lease clause, the clause is waived for those pets. These laws are not applicable if the animals create a nuisance. If the coop brings a proceeding against you, you may not have protection under these laws, even if you live in NYC or Westchester, if the coop did not know that you had dogs and you cannot provide any evidence that they did. Counties outside of NYC and Westchester do not have the three month pet laws but residents there still have some rights even if there is a no-pet clause in their leases. For example, persons with physical or emotional disabilities have rights to have animals in some instances. Such individuals should provide their landlords or coop/condo boards with letters from health care professionals which state that he/she has been treating the patient for the disability, that the animal will help with major life activities, enable the patient to better deal with his/her limitations, to more fully enjoy his/her dwelling unit, and improve daily functioning. If  you provide the coop with such a letter and the coop does not give permission for you to keep the dogs, you can file a complaint with HUD (www.hud.gov) or 800-669-9777. You should consult with an attorney who can review the coop rules and see if they were promulgated properly and advise you further about the disability and other laws.

Pets are allowed in NYC public housing, subject to rules. Under the rules, a household may have either one dog or one cat and dogs must not weigh more than 25 pounds, unless registered prior to May 2009. The rules state that Dobermans, Pit Bulls and Rottweilers are not allowed. Additionally, the rules provide that service animals are allowed regardless of weight, size and breed. Service animal is defined in the rules to include “one that assists, supports or provides a service to a person with disabilities, as verified by a medical doctor.” The disability could be physical or psychological. To see the full rules, go to www.nyc.gov/nycha.