NY Pet Rent Rules: What Landlords Can Legally Charge

Renters across New York often want to bring pets into their homes. But what are the legal rules around pet rent and fees? Understanding the laws about pet rent and deposits can help you avoid unexpected costs and protect your renting rights. This guide uses official New York government sources to explain what landlords can and cannot charge when it comes to pets.

Are Landlords Allowed to Charge Pet Rent in New York?

Yes, landlords in New York State may charge a monthly pet rent in addition to the base rent. However, there are important limits on other charges related to pets, such as deposits and additional fees.

Rules on Pet Fees, Deposits, and Rent

Under New York law, landlords cannot require both a security deposit and a separate pet deposit—only a single security deposit may be collected, and it cannot exceed one month’s rent. Monthly pet rent (an ongoing charge) is permitted, unless otherwise prohibited by the lease. For one-time non-refundable pet fees, these are generally not allowed for tenants under the Housing Stability and Tenant Protection Act (HSTPA) unless a specific exemption applies.^[1]

• Security Deposits (including pet-related): Maximum of one month’s rent, no extra deposit for pet allowed.
• Non-refundable pet fees: Not allowed for tenants; all security deposits must be refundable.
• Pet Rent: Allowed as a monthly charge if clearly stated in the lease.

This means you may see “pet rent” as a separate line on your lease, but your landlord cannot ask you for extra upfront cash specifically as a “pet deposit” or “non-refundable fee.”

Exceptions for Service Animals

Landlords cannot charge pet rent, deposits, or fees for service animals or emotional support animals. Such animals are not considered “pets” under federal and state law, and discrimination is prohibited. Learn more from the NYS Division of Human Rights and the New York State Fair Housing Guide.^[2]

Which Tenancy Laws Apply in New York?

Pet rent and deposit rules fall under the New York State Real Property Law and the Housing Stability and Tenant Protection Act of 2019 (HSTPA).^[1] The Department of Homes and Community Renewal (DHCR) oversees these matters. For rent-stabilized or rent-controlled apartments, DHCR is the enforcement agency. You can contact them or review their resources on the official DHCR Renters’ Rights portal.

Security Deposit Return and Complaints

If you believe your landlord has collected more than one month’s rent as a deposit or charged you an unlawful fee, you can file a complaint. The main form for this is the Tenant’s Complaint of Rent Overcharge (RA-89) if you’re in a regulated apartment. For general deposit issues, you may use the Small Claims Court process for disputes under $10,000. Find Small Claims Court details via the NY Courts Small Claims page.

• RA-89 Tenant’s Complaint of Rent Overcharge (Form RA-89 PDF): For tenants in rent-regulated units who believe unlawful charges were imposed. Submit to the DHCR with evidence of the fees.
• Small Claims Court Forms: Used by any New York renter to seek return of a deposit or unlawful fee (see official small claims forms).

Both forms help renters recover money or challenge illegal charges. Tenants in market-rate (non-regulated) apartments usually start in Small Claims Court instead of the DHCR for security deposit and pet fee issues.

How Can Renters Address Unlawful Pet Fees?

If you’re facing a request for an unlawful pet fee, clearly communicate with your landlord, referencing New York law. If this doesn’t resolve the issue, take the following steps:

• Gather your lease paperwork and any communications about fees.
• Send a friendly, written request citing HSTPA rules.
• If the issue continues, contact the DHCR for regulated apartments or consider filing in Small Claims Court.

FAQ: Your New York Pet Rent and Fee Questions Answered

1. Can my landlord charge a separate pet deposit in New York?
   No. Under New York law, a landlord may only collect one security deposit, up to one month’s rent, which must be fully refundable, and cannot collect an additional deposit for pets.
2. Is monthly pet rent legal in New York State?
   Yes, as long as it is clearly written into your lease agreement, a landlord can charge a monthly pet rent in addition to the regular rent.
3. Are service animals and emotional support animals treated the same as pets?
   No. Landlords may not charge any pet rent, deposit, or fee for service or support animals, as protected by fair housing rules.
4. What should I do if I’m charged an unlawful pet fee?
   You can contest it in writing and, if not resolved, file a complaint with the DHCR (for regulated units) or bring an action in Small Claims Court.
5. Where do I file a security deposit or pet rent complaint?
   For rent-regulated units, you can file with the DHCR. For non-regulated units, use your local Small Claims Court. Links to forms and info are in the Resources section below.

Key Takeaways for NY Renters with Pets

• Pet rent is legal, but extra or non-refundable pet fees aren’t allowed for tenants.
• Only one security deposit (up to one month’s rent) may be collected, including for pets.
• Support and service animals are exempt from all pet-related charges.

If you know your rights and rely on official resources, you can confidently deal with pet rent or extra charges when renting in New York.

Need Help? Resources for Renters

• NYS Division of Homes and Community Renewal (DHCR) — Official agency for rent regulation, deposit complaints, and enforcement
• NY State Division of Human Rights — Fair housing, service/support animal protections
• New York Small Claims Courts — For deposit and refund disputes (up to $10,000)
• New York Attorney General’s Tenants’ Rights Guide

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1. Housing Stability and Tenant Protection Act of 2019 (HSTPA) — See restrictions on deposits, fees, and tenant protections.
2. NY State Human Rights Law: Service Animal Factsheet

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