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Animal Laws

NYC Dog and Housing Info:

Many apartment leases prohibit pets. The one bright spot is NYC Administrative Code Section 27-2009.1 or the three month law. This law applies to all rent-regulated apartments and co-ops buildings with three or more units. According to recent court hearings, it applies to condos as well. Simply put, even when the lease reads no dogs allowed, if you get a dog and keep it in your apartment without trying to conceal its presence the landlord of the building has three months in which to formally act against you. They must bring a LAWSUIT. Phone calls, a letter, or even a notice to cure don't count. So don't allow yourself to be HARASSED. You don't always have to prove that the landlord knew about the dog. Frequently courts have ruled that it is enough that the supt was aware of the dogs presence. If the landlord fails to sue within the three month period, the no dogs part of your lease becomes voids and you can legally keep your pet. Even better, any dogs you get after this are grandfathered in meaning you can continue to keep dogs in the apartment. You might have trouble if your landlord claims your pet is a nuisance. A nuisance would be a dogs that menaces neighbors or barks continuously, even so the burden of proof is on the landlord to establish your pet as a problem. Remember a nuisance is a flexible standard subject to interpretation. The three month law was written not only to help dog owners but to end a common landlord trick. A landlord or supt would turn a blind eye to the presence of an illegal dog in the building until a problem with the tenant came up or to force a rent controlled tenant, usually a senior citizen, out to raise the rent. If your landlord does try to get you out on any of these grounds, remember you still have the right to your day in court and to appeal. This is still America. Section 27-2009.1 NYC Housing Maintenance Code states:

"Where a tenant in a multiple dwelling openly and notoriously for a period of three months or more following the taking of possession of a unit harbors or has harbored a household pet or pets and the owner or his or her agent has knowledge of this fact and such owner fails within this three month period to commence a summary proceeding or action to enforce a lease provision prohibiting the keeping of such household pets such lease provision shall be deemed waived."

(Note: Assumes your pet is not a nuisance.)
*As this web page was being prepared, A court (The Appellate Term) in NYC has said that for people living in Manhattan and the Bronx who get another pet after their first one passes away or wishes to get a second pet will, until a higher court decision is given, have to go through the three month period again.

Scooping:

It's hard to miss those signs posted allover the city: "It's the law. Clean up after your dog. Maximum fine $100." The city's scooping law is a state law (Public Health Law 1310) applying to cities in New York State with a population of 400,000+ persons and to the cities of Albany and Yonkers. (If you visit smaller towns, local laws may still require that you pick up after your dog.) A lesser-known law, hidden in the city's sanitation code, requires that dog droppings be placed in a non-leaking container that may be, but is not limited to, either a paper or plastic bag. The civil penalty for failure to remove canine waste is from $50-$100.

Admittedly, scooping takes some getting used to. Let's face it; picking up and hauling your dog's poop to the nearest trash can in full public view isn't the most pleasant experience. But remember: UNSCOOPED DOG FECES ARE THE SINGLE OVERRIDING REASON WHY DOGS ARE BARRED FROM PARKS! Don't be shy in reprimanding dog owners who don't comply with the law. Across the city, angry owners have banned together and successfully barred non-scoopers from local dog hangouts with plain and simple New-York-Style verbal abuse!

Leashing:

Dogs must be on leashes at all times in any public place. The leash may not extend more than six feet. Longer leashes, particularly expandable/retractable leashes, are deemed dangerous because they are not visible to passing pedestrians, joggers, bicyclists, etc. The leash law applies to all areas with the exception of the city's dog runs, specific fenced-off areas designated for unleashed dogs. The civil penalty for an unleashed dog ranges from $100-$150.
As any casual observer will tell you, there's a lot of cheating going on, especially in the early mornings and evenings. This is in part due to a lack of enforcement. Park officials also seem to have a "don't bite the hand that feeds you" mentality when it comes to dog owners, recognizing that the single most effective way to keep the parks safe is to keep people in them.

Parks: Where you and your pooch can't go:

Have you ever wondered why one park allows dogs and the next one is smothered with those aggravating "no dogs allowed" signs? Part of the confusion comes from the fact that there are four general types of parks in New York City, each with its own set of dog rules.

City-Owned Parks: A park that is owned by the city and maintained by the Parks Department usually bears a sign at its entrance with a maple leaf insignia. Technically, dogs are allowed in all city owned parks, but there are a lot of exceptions. Dogs are prohibited at playgrounds, zoos, picnic areas, bridle paths, bathing facilities, and "areas prohibited by the park's commissioner." The latter usually encompasses beaches, city gardens and landscaped areas and lawns, like Sheep Meadow in Central Park or the greens in Battery Park City, so people can roam around without the fear of doggie-do.

Private Parks: There area number of parks in the city that are quasi-privately-owned and maintained. Some of these are plaza-like enclaves nestled on busy streets; others are full-fledged parks like the greens in Tudor Park City, Gramercy Park, or Green Acre Park. The pet policy is at the discretion of the owner or association that maintains the park, and more often than not, dogs are not allowed.

State Parks: There are five state parks in New York City - and dogs are not allowed in any of them! These include the new $60 million Riverbank Park in upper Manhattan, built on top of a sewage-treatment plant; Clay Pit Ponds State Park Preserve on Staten Island; Empire-Fulton State Park near Brooklyn Heights; Roberto Clemente Park in the Bronx; and Bayswater Point State Park on Jamaica Bay in Queens. New York City is the only park region in the state that prohibits dogs. Most state parks outside of the city (as well as those in Connecticut and New Jersey) allow dogs though they are typically banned from bathing, swimming, picnic and campsite areas. All require that dogs be on-leash.

National Parks: Dogs are usually allowed in national parks. New York City has the only national urban park in the country Gateway National Recreation Center, and leashed dogs are welcome.

NYC Dog and Cat Info:

As of 1995 the ASPCA no longer picks up animals from people or from the streets of NYC. The only agency that is responsible for that job is the Center for Animal Care and Control. If you find an animal or lose one you should contact that agency

     CACC-ANIMAL RESCUE-311

     ASPCA Adoptions: 212-876-7700 ext 4120
     ASPCA Humane Law (cruelty): 212-876-7700 ext 4450
     ASPCA Cares Mobile Van: 212-876-7700 ext 4303

     Animal Bites (dept of health): 212-676-2483
     Barking Dogs: 718-699-9811
     Dead Animals (dept of sanitation): 212-219-8090
     Dog Licenses (dept of health: 212-676-2100
     Dogs off the Leash (dept of health): 212-442-9666

Laws:

  • All dogs must have a current license

  • All dogs/cats must have current shots

  • Dogs, when in public, must always be on a leash no longer than six (6) feet.

  • Clean up after your dog.
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    Disclaimer: All materials on this website are
    Intended for informational purposes only. They do
    Not constitute the practice of furnishing any legal advice.

     

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