Pet Deposit Rules in New York (NY)
New York is classified as Very Tenant-Friendly for tenants with pets. New York does not allow landlords to charge a separate pet deposit. All charges must fall within the general security deposit cap of 1 month's rent. Monthly pet rent is not allowed. Non-refundable pet fees are not permitted — all deposits must be refundable.
Detailed Pet Deposit Rules in New York
Pet Deposit and Security Deposit Limits
Since the 2019 Housing Stability and Tenant Protection Act (HSTPA), New York limits total security deposits to 1 month's rent with no additional pet deposit, pet fee, or pet rent allowed. All deposits must be refundable. Landlords cannot charge any move-in fees beyond first month's rent and 1 month security deposit. This applies statewide, not just NYC.
Breed and Weight Restrictions
Landlords in New York are allowed to impose breed restrictions in their pet policies. Common restricted breeds include pit bulls, Rottweilers, Doberman Pinschers, German Shepherds, and Chow Chows. These restrictions are set by individual landlords or property management companies and are not mandated by state law. Even in states that allow breed restrictions, landlords cannot restrict service animals based on breed under the ADA.
Weight restrictions are allowed in New York. Many landlords set weight limits (commonly 25-75 pounds) as part of their pet policy. These restrictions do not apply to service animals.
Service Animal Protections
Under federal law (ADA and FHA), landlords in New York cannot charge pet deposits, pet fees, or pet rent for service animals. Service animals are trained to perform specific tasks for people with disabilities and are not considered pets under the law. Landlords may ask only two questions: (1) Is the animal required because of a disability? (2) What task has the animal been trained to perform? They cannot require documentation, certification, or registration for service animals. Breed and weight restrictions also do not apply to service animals.
Emotional Support Animal (ESA) Rules
New York has strong ESA protections under state Human Rights Law and FHA. NYC also has additional local protections.
Under the Fair Housing Act, landlords must make reasonable accommodations for emotional support animals. Unlike service animals, ESAs do not require specific training — they provide therapeutic benefit through companionship. Landlords may request documentation from a licensed healthcare provider (physician, psychologist, psychiatrist, licensed clinical social worker, etc.) confirming that the tenant has a disability-related need for the animal. Online ESA "registrations" or "certifications" are not sufficient documentation under current HUD guidance (2020).
Applicable Law
The primary statute governing pet deposits and security deposits in New York is N.Y. Gen. Oblig. Law § 7-108 (as amended by HSTPA 2019). Federal laws that also apply include the Americans with Disabilities Act (ADA) for service animals and the Fair Housing Act (FHA) for emotional support animals. Tenants who believe their rights have been violated can file complaints with HUD (1-800-669-9777), their state attorney general, or a local tenant rights organization.
Tenant Rights Checklist for New York
- All deposits (including pet deposits) must be refundable, minus deductions for actual damage beyond normal wear and tear.
- Your landlord cannot charge a pet deposit, fee, or rent for a service animal (federal law).
- Your landlord must make reasonable accommodations for emotional support animals with proper documentation (federal law).
- Monthly pet rent is not allowed in your state. Your landlord cannot charge recurring monthly fees for your pet.
- Non-refundable pet fees are not allowed in your state. Any pet-related charge must be treated as a refundable deposit.
- Breed restrictions are allowed in your state. Landlords may restrict specific dog breeds in their pet policies.
Landlord Obligations in New York
- Must comply with federal ADA and FHA requirements for service animals and ESAs.
- Must clearly disclose all pet-related charges (deposits, fees, rent) in the lease agreement.
- Must return refundable pet deposits within the state-mandated timeframe, minus itemized deductions for actual damages.
- Cannot collect non-refundable pet fees or deposits — all pet-related deposits must be refundable.
- Cannot retaliate against tenants who assert their rights regarding service animals or ESAs.
- Must maintain the property in habitable condition regardless of pet-related deposits collected.
States with Similar Pet Deposit Rules
These states have the same type of pet deposit regulation as New York (No Separate Pet Deposit Allowed):
| State | Pet Deposit Rule | Pet Rent? | Non-Refundable? | Rating |
|---|---|---|---|---|
| New York (NY) | No separate pet deposit allowed (part of security deposit cap) | No | No | |
| California (CA) | No separate pet deposit allowed (part of security deposit cap) | No | No | |
| Massachusetts (MA) | No separate pet deposit allowed (part of security deposit cap) | No | No |
Need More Information?
Use our pet deposit lookup tool to quickly check any state's rules, or browse all 50 states + DC to compare pet deposit laws across the country. Remember: this information is for general educational purposes only and does not constitute legal advice. For questions about your specific situation, contact a local attorney or your state's tenant rights organization.