Pets have always been a source of comfort and emotional support for many of us, and since the pandemic created more opportunities for us to remain at home, pets have become even more constant companions. Given that integrating animals into multifamily living spaces has become the rule rather than the exception, it’s important for boards, residents, and managers to strike the proper balance between neighborly consideration and responsible pet ownership. 

The Pups Are Alright

Striking that balance helps make everyone’s home more harmonious. “Pets are healthy for people,” says Ralph Westerhoff of Brick Work Management, “and having clear rules in place helps set a standard for the building.” According to the National Institutes of Health (NIH), pets are good for people mentally and physically; interacting with animals is shown to actually reduce cortisol levels and lower blood pressure. 

As many of us learned firsthand during the pandemic, having a pet helps boost moods and combat loneliness. Jen Santaniello, vice president at FirstService Residential agrees, stating, “Since the pandemic, we’ve seen more people wanting pets, especially dogs. Each building is different, so pet rules are often customized—some charge fees, impose weight restrictions, or require documentation.” 

“Cats are commonly allowed [in multifamily buildings], since they usually stay indoors,” Santaniello continues. “We’ve seen some other animals like birds, but most pet-related issues tend to involve dogs, since they need to go outside and may occasionally have accidents in the building.”

When it comes to what types, sizes, and numbers of pets can be kept in your building or HOA, “You can specify and set regulations,” says Santaniello. “For example, you may prohibit dogs over a certain weight, or restrict breeds that are considered aggressive.” 

Having a clear set of guidelines in place is the first step to a pet policy residents will get behind. Many management companies require pet registration and records to be kept on file, as well as deposits or fees to cover any loss or damage a pet may cause to the property. Individual buildings may also set size and breed restrictions, require insurance coverage, designate pet amenities—as well as areas off limits to pets—and have clear consequences for violations spelled out in their house rules. It’s also common to keep access information for dog walkers and pet sitters on file for security purposes. 

Having a clear policy that is consistently communicated helps keep the peace between pet owners and non-pet owners. Westerhoff agrees that most people he’s come across in buildings are happy to have a set of standards in place, as long as they apply to the building as a whole. “I recently had someone looking to buy an apartment, and they have a pit bull,” he says. “The way we handle this is that we have the board meet the pet to see if the pet is a good fit for the building.” 

Service & Emotional Support Animals 

In addition to their company, designated service and support animals play an important role in their humans’ health and well-being. The Americans with Disabilities Act (ADA) defines a service animal as any that is individually trained to perform tasks for the benefit of an individual with a disability, including physical, sensory, psychiatric, intellectual, or other mental disabilities. 

By contrast, emotional support animals are not covered by the ADA; however, the NYC Human Rights Law protects against disability discrimination in housing, including for individuals who rely on emotional support animals as a reasonable accommodation for their disabilities. These animals provide emotional support or other assistance that helps treat the symptoms of a disability.

Under federal and/or state law, service and emotional support animals are not considered pets, and therefore may be exempt from certain pet policies in condo, co-op, and HOA communities. Despite many boards’ frustration with the trend of buying ‘credentials’ online claiming that a pet is actually a medical necessity, rejecting a resident’s request for reasonable accommodation around a support animal may be more trouble (and expense) than it’s worth. 

Westerhoff says, “Documentation has to be produced for emotional support animals to be allowed, but as long as they have a letter stating it’s needed, you really can’t refuse a request to keep an emotional support animal. You can set reasonable requirements as a board, stating that you need a letter provided by a physician, and requesting pet records to ensure they are vaccinated regularly. There isn’t any specific compliance for that at this point.” 

Pet Amenities 

Some residential buildings are more pet-friendly than others, even providing amenities tailored to residents’ furry friends. Santaniello notes she knows of one building that recently established a dog run, as well as others that have installed pet showers—often near laundry areas—for bathing and post-walk cleanups. Other ideas for pet-friendly amenities include dog-friendly courtyards, on-site grooming, treat stations, and play areas. New buildings are also being designed with pets in mind, with surfaces and materials that are easily washable.

Westerhoff says the buildings his company manages are smaller, and don’t have the space or budget for installing large-scale pet amenities, however he notes that “we do have one building where they built an elaborate pet-friendly roof deck. It’s a walk-up building, and they also added a whole area in the back where pets can use the bathroom in a sanitary way that is easy to clean.”

For those whose buildings don’t have built-in pet programming, NYCdogevents.com provides a calendar of upcoming, fun, citywide, pet-friendly events, including Sip and Paint nights, Socialization opportunities, and Wooftop Wednesdays —a weekly doggie/owner rooftop mixer. 

The NYC Pet Law 

Another legal consideration for NYC boards is the NYC Pet Law, also known as the ‘90 Day Rule.’ It gives residents in multi-unit buildings the right to keep a pet under certain conditions, even if their lease or rules says otherwise. The key is that the pet has been kept ‘openly and notoriously’—meaning the pet owner hasn’t taken steps to hide their pet, walking their dog through the lobby, letting their cat sit visible in a windowsill, etc. If the building owner, manager, and/or staff have been aware of the pet for at least three months without reporting it or otherwise enforcing an existing no-pets rule, and the pet hasn’t caused damage, created a nuisance, or interfered with the health and safety of other residents, it can stay.

This law applies to buildings with at least three residential units and covers rental buildings and co-ops citywide, while condos are covered only in Brooklyn, Queens, and Staten Island. 

Mitigating Problems with Policies 

Santaniello says pet issues are minimal in most of her buildings. “We don’t get too many complaints about noise or messes, like pets using the bathroom in the lobby for example.” But of course, accidents do happen. “If an animal soils an area, the owner is responsible to clean it up, “Santaniello states. “If it becomes a regular problem, the board would have grounds to terminate their lease.”

Aside from hygiene, the biggest concern for neighbors is usually behavioral issues with an animal. “If a dog attacks someone, then it becomes a problem in the building,” says Westerhoff. And not only in the building - According to the New York Bar Association, in New York City, a dog can be deemed “dangerous” if it attacks or threatens to attack a person or companion animal, and its owner can face penalties including fines and even criminal charges if the dog causes serious physical injury. Owners of dangerous dogs may also be required to take specific actions to control their dog, such as muzzling, liability insurance, and confinement. Dog owners are generally responsible for the injuries caused by their pets, even if it’s the first time the dog has bitten someone.  

With proper rules and restrictions in place, however, those types of issues can largely be avoided. Both Santaniello and Westerhoff agree that the best way to combat pet problems in your building or association is to get ahead of them. “Set reasonable standards that are not too onerous to follow,” says Westerhoff. Careful planning and guidelines keep everyone on the same page. Residential living should be healthy and happy for everyone, and by setting standards ahead of time, a building can be a welcoming community to all—including our furry companions.

Kate Mattiace is Associate Editor of CooperatorNews.