I am Not Elderly or Disabled and Live in Privately-Owned Housing

I am Not Elderly or Disabled 

and Live in Privately-Owned Housing

I own my own condo or townhouse and there is a homeowners association. They have recently passed a “no pets” rule. 

Please check state laws. “In most states, adoption of a pet restriction must be by amendment to the by-laws, which usually requires a vote by a supermajority of unit owners. A rule passed by the board alone typically will be ineffective.” (Best Friends for Life, page 28)

There is a “no pets” clause. My landlord knew I had a pet, and did not enforce it. Now they want me to get rid of my pet.

 You should start looking for a new place to live. Check with your local law library about the “doctrine of estoppel” for your local and state landlord/tenant laws. “Estoppel is a legal concept that in this context means that if your landlord or homeowners association had knowledge of your pet and failed to make a claim against you for your pet, your landlord or homeowners’ association may not be able to make such a claim against you at a later date. The earlier failure to make a claim is deemed to be implicit approval of your pet guardianship. Estoppel may also apply in your case if you were given explicit permission to have a pet and the landlord later changed his or her mind.” (Best Friends for Life, page 28)

“Some states and local jurisdictions have laws that protect residents… In New York City, for example, neither landlords not co-op boards can enforce a “no pets” rule if a resident has lived openly with an animal for at least three months, although this rule does not apply once the lease has expired or for any successive pets.” 

Best Friends for Life: Humane Housing for Animals and People, Doris Day Animal League and Massachusetts Society for the Prevention of Cruelty to Animals, 2001