NYCHA Tenants' Rights


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Update: Residents of NYC Housing Authority Must Register Pets by January 31

The ASPCA urges residents of public housing under the New York City Housing Authority (NYCHA) to register their dogs prior to the January 31 registration extension deadline. We are concerned that breed-specific bans and weight restrictions may result in people unnecessarily giving up their dogs. If you are a NYCHA resident, you may have the legal right to keep your dog without risking your home.

  1. Contact attorney Darryl Vernon ((212) 949-7300; dvernon@vgllp.com) if you are approached by NYCHA management about your dog.

  2. Attempt to register your dog with NYCHA management, and save all the paperwork, even if your registration is rejected. Also, save any other paperwork regarding the dog (e.g., license, veterinary records).

  3. Through January 31, 2010: Dogs of any breed may be registered if 40 pounds or less. After January 31: Dogs may be registered if 25 pounds or less and not a purebred/mixed breed Pit Bull, Rottweiler, or Doberman Pinscher. Only one dog or one cat will continue to be allowed.

    However, you have the right to register your dog regardless of size or breed if:

    • your dog is a service dog

      • you have a serious physical disability [NYS Public Housing Law 223 (a)], or

      • you have been diagnosed with any mental or physical impairment and a doctor says the pet helps you cope with your condition [Federal Fair Housing Act], or

      • your dog is registered with the NYC Department of Health and Mental Hygiene as a "service dog" [NYS Civil Rights Law 47], or
    • your dog has resided in NYCHA housing since May 2002 [GM-3755, “Revised Pet Policy,” IV.B.], or
    • your dog has resided in NYCHA housing for at least six years [CPLR §213(2)].

    (Note: There may be additional grounds. Please provide your information to Darryl Vernon.)

  4. You are entitled to two interviews with your NYCHA Housing Manager. The Housing Manager must seek to determine all the facts. At the second interview, of which you must be notified by letter, you may have representation (an attorney is highly recommended but not required), and the Manager must give you time afterward to provide relevant paperwork.

  5. You are entitled to a hearing. The interviews with your Housing Manager are not your hearing. If you cannot resolve your case with the Housing Manager, the Manager must inform you of your right to a hearing at NYCHA headquarters.

  6. At your hearing, you may have representation (an attorney is highly recommended but not required) and must be allowed to present evidence and witnesses. Remember not to sign anything before or at your hearing unless you understand and are sure you want to agree to what you are signing.

  7. Only a judge or NYCHA hearing officer can tell you to remove your dog, after your hearing. If you lose, you will have an opportunity to challenge any NYCHA determination in the New York State Supreme Court.

Background: The revised NYCHA pet policy went into effect May 1, 2009. It reduced the permissible weight for full-grown dogs from 40 to 25 pounds and restricted specific breeds, including Pit Bulls, Rottweilers and Dobermans, either pure- or mixed breed. Under the revised NYCHA pet policy, dogs exceeding the 25 pound weight limit and/or deemed a prohibited breed may not reside in NYCHA housing. Dogs who were registered with NYCHA by April 30, 2009, were grandfathered in and will be allowed to remain in NYCHA housing, regardless of breed, providing they do not exceed the 40-pound weight limit.

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