Can a landlord require a ‘refundable’ pet security deposit of $300?
- No. Security deposits at NYC rentals are capped at one month’s rent
- But a landlord can collect a higher monthly rent to allow a pet in your unit
A NYC landlord may restrict what types of pets are allowed in their building.
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I found a great rental apartment in New York City, but the listing says I have to pay a refundable, $300 pet security deposit on top of one month’s rent as a security deposit. Is this allowed?
We’ll let the cat out of the bag: The answer is no. Your landlord cannot charge you an additional security deposit because you have a pet.
New York City landlords can’t require you to put down more than one month’s rent as a security deposit under the Housing Stability Tenant Protection Act (HSTPA) of 2019, a landmark series of rent reforms that capped security deposits, application fees, and late fees. The first two helped lower the upfront cost of renting.
Landlords can “only collect a maximum security deposit of one month's rent,” confirmed Jennifer Rozen, managing attorney at Rozen Law Group.
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It doesn’t matter if the deposit is “refundable;” all security deposits should be refundable as long as you don’t damage the unit. The HSTPA specifically states that “no deposit or advance shall exceed the amount of one month’s rent.”
A new rental pet peeve: pet rent
Landlords can, however, ask you to pay a higher monthly rent or additional monthly fee to keep a pet in your apartment. Similar to an amenity fee, this type of charge is more common in newer buildings.
Buildings also may restrict you from bringing in certain pets, such as large dogs. (It’s also illegal to keep certain reptilian, venomous, and predatory animals in an NYC apartment, so please leave your crocodile at the zoo.)
If you don’t want to pay pet rent, you’re in luck. NYC is one of the most pet-friendly cities in the nation, and roughly three quarters of rental listings advertised as pet friendly. You may want to consider another listing to avoid a landlord who might try to stick you with other unlawful fees.
You could also try to find a rent-stabilized apartment. Rent increases are capped in these units, and owners can’t charge monthly fees for the right to have a pet, according to the New York State Department of Homes and Community Renewal.
