Can a landlord prohibit a tenant from having pets?
In New York, a landlord can generally prohibit a tenant from having pets in their rental unit. A landlord is allowed to set pet policies and restrictions in a lease agreement and enforce them. These policies can include prohibitions on any type of pet, a limit on the number of pets a tenant can have, a restriction on pet types, weight, or size, a requirement for liability insurance for a pet, or other specific rules. However, landlords must ensure their pet policies do not run afoul of any federal or state laws regarding reasonable accommodation of assistance animals or other laws prohibiting discrimination against tenants with pets. If a tenant moves in with a pet and the landlord subsequently finds out, the landlord can issue a notice of violation and require the tenant to remove the pet from the premises. If the tenant fails to comply with the notice, the landlord can then take legal action, such as filing an eviction action. However, a landlord is not allowed to discriminate against tenants based on their pet or pets if the pet is an assistance animal or otherwise protected from discrimination. If a landlord does so, they may be liable for damages and penalties.
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