Int. No. 1525

By Council Members Schulman, Brannan, Marte and Louis

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting developers receiving city financial assistance from restricting pet ownership in dwelling units offered for rent in housing development projects

Be it enacted by the Council as follows:

Section 1. Title 26 of the administrative code of the city of New York is amended by adding a new chapter 36 to read as follows:

CHAPTER 36

PET-INCLUSIVE POLICIES IN HOUSING DEVELOPMENT PROJECTS

§ 26-3601 Definitions. As used in this chapter, the following terms have the following meanings:

City financial assistance. The term “city financial assistance” means any loans, grants, tax credits, tax exemptions, tax abatements, subsidies, mortgages, debt forgiveness, or land conveyances for less than appraised value, or other thing of value allocated, conveyed, or expended by the city other than as-of-right assistance, tax abatements, or benefits, including but not limited to benefits approved in accordance with sections 421-a or 489 of the real property tax law, or any assistance provided to a developer for a housing development project, the amount of which is based on an evaluation of as-of-right assistance, tax abatement, or benefits for which such developer would have been eligible.

Class A dwelling unit. The term “class A dwelling unit” means a dwelling unit in a class A multiple dwelling, as defined in section 4 of the multiple dwelling law.

Commissioner. The term “commissioner” means the commissioner of housing preservation and development.

Department. Except where otherwise specifically provided, the term “department” means the department of housing preservation and development.

Developer. The term “developer” means an individual, sole proprietorship, partnership, joint venture, corporation, limited liability company, or other entity that receives city financial assistance for a housing development project.

Dwelling unit offered for rent. The term “dwelling unit offered for rent” means a class A dwelling unit that is (i) occupied on a rental basis or (ii) required, pursuant to a regulatory agreement with a federal, state, or local government agency, to be offered for occupancy on a rental basis, regardless of whether such unit has been constructed.

Housing development project. The term “housing development project” means construction of any multiple dwelling, provided that such multiple dwelling is subject to a regulatory agreement with a federal, state, or local government agency, and provided, further, that the term “housing development project”  does not include any construction of (i) any multiple dwelling that is owned by a limited-profit housing company organized pursuant to article 2 of the private housing finance law, (ii) any multiple dwelling located on HUD restricted land or (iii) any multiple dwelling that is owned by a municipal housing authority organized pursuant to section 401 of the public housing law.

HUD restricted land. The term “HUD restricted land” means land that is subject to a declaration of trust or restrictive covenant in favor of the United States department of housing and urban development for the purpose of public housing.

Pet. The term “pet” means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. The term “pet” does not include a “farm animal” as defined in section 350 of the agriculture and markets law or a “wild animal” as defined in section 161.01 of the New York city health code.

Receives. The term “receives” means executes a written instrument that sets forth the provision of city financial assistance to a developer.

Tenant. The term “tenant” means a tenant, subtenant, lessee, sublessee, or other person entitled to the possession, or to the use or occupancy of any dwelling unit offered for rent in a housing development project.

§ 26-3602 Pet-inclusive policies. a. A developer who receives city financial assistance for a housing development project or such a developer’s agent shall not include, enforce, or cause to be enforced a lease provision prohibiting the keeping of a pet or pets in any dwelling unit offered for rent in a housing development project. Any such lease provision is unenforceable and void.

b. The provisions of this section shall not apply where a developer received city financial assistance prior to the effective date of the local law that added this chapter, or to lease provisions entered into prior to the effective date of the local law that added this chapter.

c. Nothing in this section restricts a developer’s or a developer’s agent’s right to commence an action to evict a tenant or to recover possession of a covered dwelling unit offered for rent where the harboring of a pet causes damage to the subject premise, creates a nuisance, or interferes substantially with the health, safety, or welfare of other tenants or occupants of the same, or an adjacent building or structure.

§ 2. This local law takes effect 240 days after it becomes law.

ALK

LS #17271

5/30/2025 10:38 AM