If you own or manage residential rental property in Westchester County, it’s important to understand the county’s specific law governing dogs in buildings—even when your lease includes a no-pet clause.
Westchester County has a local law that can limit your ability to enforce a no-dog provision if certain conditions are met. This law is similar to New York City’s “three-month rule” and is designed to protect tenants who keep dogs in their apartments openly and without objection.
Westchester County Dog Law: Chapter 695.11
Under Westchester County Laws Chapter 695.11, landlords waive their right to enforce a lease’s no-dog clause if all of the following apply:
- The dog has been in the apartment for 3 Months or more, and
- The landlord or their agent knew the dog was there, and
- The landlord did not take legal action within that 3 Month period,
- The property qualifies as a multiple dwelling, meaning it is a residential building occupied by three or more families, each living independently in separate units.
- The property is not public housing (i.e., not owned/operated by a public housing authority).
In other words, if a dog has lived in the apartment openly and notoriously for at least 3 Months and the landlord does nothing to enforce the lease during that time, the tenant may be allowed to keep the dog—even if the lease prohibits pets.
Exceptions to the Rule
You may still be able to take action despite the 3 Month rule if:
- The dog poses a nuisance, interferes substantially with the health, safety or welfare of other tenants, or causes property damage
- The tenant is violating local animal control or housing codes
- The dog qualifies as a dangerous animal under New York State law
What Landlords Should Do
If you become aware that a tenant is keeping a dog in violation of the lease:
- Act quickly—issue written notice and/or consult your attorney immediately.
- Document everything—photos, communications, witness observations.
- Consult legal counsel—our office can help determine whether a legal holdover proceeding is appropriate to enforce your lease.
Remember: Waiting too long may result in a permanent waiver of your right to enforce the no-pet clause as to that specific dog.
Important Note on Service Animals
This law does not override federal or state housing laws regarding service animals or emotional support animals (ESAs). Those situations are handled under the Fair Housing Act and New York Human Rights Law, and different legal standards apply.
At James G. Dibbini & Associates, P.C., we represent landlords across Westchester County and New York City. If you’re facing a potential dog-related dispute or need help protecting your property rights, we’re here to guide you through the process.
The attorneys at James G. Dibbini & Associates, P.C. collectively have over 70 years of experience providing legal services in the areas of:
