Updating Your Building’s Pet Policy

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ALL of a coop’s or condo’s policies and procedures should be reviewed every few years. This is to see if they are up to date, or if they have fallen out of compliance either with New York City building regulations or the owner’s wishes and best interests. Here are our tips on what to consider when reviewing or creating a Pet Policy for your building.

Beside city codes and general guidelines, this is not meant to be a “one size fits all” as there are many considerations to take into account. The needs and priorities for a 40 story 400-unit condo, with many common spaces and many sublets and relatively short-term residents who do not know each other, is different than the needs of a 4 story 4-unit coop, all of whom know each other well and have lived together for years, even decades.  

Consideration must be made not only for the residents, pet owners, and pets themselves, but for the legal protection of the building’s ownership entity itself.

We will give you a TOPIC, with a brief descriptor, followed by sample wording/recommendations adapted from an outline recommended for a client’s coop’s actual pet policy. Let’s go!

1. COMPLIANCE: Be sure the coop or condo association is protected. Sample wording:

Nothing contained in this policy shall limit the bylaws of the corporation or and are subject to any law now or hereinafter enacted.

2. FAIRNESS: Residents who as of Start date 20xx, are keeping more pets than would otherwise be permitted under this policy will be permitted to retain such pets as they have on Start date 20xx, but additional pets will be subject to this policy.

3. DESIGNATIONS

A. Pet: Define what are considered acceptable pets. Dogs and cats only? Hamsters? Exotic pets? No venomous animals should be allowed in the building at any time.

B. Contained pets: Refers to animals that are normally kept in a cage, tank, or other container. Examples include fish, birds, rodents, etc. Wild animals such as iguanas, ferrets, monkeys and snakes are illegal to keep as pets under New York City Public Health Code §161.01.

C. Keeping a pet: Residents must request written permission from the Managing Agent or the Board of Directors to bring in any new pet into the building for temporary care for periods exceeding this duration.

4. APPROVAL OF PETS

A. No pet should be kept in the building without the written approval of the Board.

B. The Board of Directors will require all applicants with pets or Members hoping to get a pet to meet with a representative from the co-op together with the pet for a pet interview prior to final approval.

C. The Board retains the right to reject any pet that does not meet the requirements of this policy or, in the Board’s judgment, may cause property damage or will be a nuisance to co-op members.

5. RULES & RESPONSIBILITIES

A. If a resident isn’t certain as to whether a pet is permitted or needs to be registered with the Co-op, the member is responsible for consulting the Co-op before bringing the pet into the building.

B. Pet owners must comply with all State and City laws and ordinances governing pet licensing, vaccinations, and control.

C. No birds or animals shall be fed from the window sills, terraces, balconies or in the yard, court spaces or other public portions of the buildings, or on the sidewalks or streets adjacent to the buildings.

D. Pet owners must show responsible and reasonable care for their pets so that the pets do not cause damage to the building or annoyance to other shareholders.

E. Pets must be registered with the Co-op in accordance with procedures established by the Co-op Board.

F. No pets are permitted in Co-op common areas (laundry room, health club, storage rooms). Pets are allowed in hallways solely while passing through.

G. Pets may not relieve themselves against the buildings, or trees adjacent to the buildings.

H. Any accidents must be cleaned up immediately. It is the responsibility of the resident to clean up after their pet in public areas.

I. No pets are allowed to walk or stay on the lobby furniture.

J. Pet walkers are not allowed to bring guest dogs into the building when they arrive to walk the pet of a Shareholder-Tenant.

K. New sub-tenants are not permitted to have pets of any kind.

6. LIMITS TO NUMBER OF PETS

A. Each household may have a total of two (collectively) pets.

B. Households may not have more than 40 gallons of fish aquariums. This is to avoid excessive condensation problems and water damages from accidents.

C. The Board retains the right to impose further limits on pets or change or modify these policies at any time as the need arises. (For example, the Board may put a moratorium on new pets at any time, regardless if every household has met the limits in place.)

7. SPECIFIC RESTRICTIONS

A. Puppies: Puppies are required to have obedience or crate training. This is to minimize or prevent problems like noise and property damage.

B. Rodents: Rodents (hamsters, gerbils, guinea pigs, etc.) require Board approval. These animals could present fire danger if they get loose and chew on electrical conduits.

C. Breeding: Insect breeding, research, or pet breeding on the Co-op grounds is prohibited. Exceptions, within reason, may be made for unintentional breeding (like pet birds, fish, or gerbils).

D. Cat Litter Disposal: Under no circumstances can cat litter be disposed of down the garbage chute or flushed in the unit toilets. Cat litter must be bagged and brought to the basement garbage container.

E. Caged Pets: All containered pets including rabbits, hamsters, gerbils and birds must be caged at all times.

8. CONDITION OF ANIMALS

A. All dogs and cats must be spayed or neutered by 6 months of age.

B. A certificate from the Humane Society or a veterinarian that proves that the pet has been spayed or neutered must be filed with the Co-op when the pet is registered with the Co-op, or within one month of the pet turning the required age.

C. Exceptions may be granted by the Co-op Board which waive or delay these requirements for good cause shown. An exception requires a written proof from a New York State licensed veterinarian.

9. NUISANCE

A. Members must clean up after their pets.

B. The shareholder of the unit in which the pet resides shall be responsible to repair any damage caused either to another shareholders’ property or to Co-op property caused by their pets.

C. Shareholders are responsible to control their pets to prevent any chronic barking/howling or other noise that disturbs other residents.

D. Animals must be contained to the owner's unit except when passing through.

E. All pets must be leashed or carried at all times when passing through co-op common areas (lobby, hallways, etc.).

Before implementing, be sure to have your final policy reviewed by an experienced New York City Real Estate lawyer, well-versed on the subject, in order to fully protect your organization. If you need a recommendation for an attorney specializing in NYC real estate representation, give us a call.

We hope to give you some ideas and topics to consider on how to best update your pet policies. If you have any questions or want to talk about anything we mention in this post in more detail, simply get in contact with our team today.  Email us at info@thefolsongroup.com or call (917) 648-8154

For other best practices for co-op and condo boards, get our FREE Policies and Procedures Checklist emailed straight to your inbox. At The Folson Group, our goal is to inspire you to run your building like a business. We enable and inspire co-op or condo board engagements to be filled with a feeling of accomplishment, excitement, meaning, happiness, and increased probability of success.