Is a pet deposit separate from the security deposit in New York?
Sometimes, but the total still counts toward the New York cap of 1 month of rent under GOL 7-108(1-a), HSTPA 2019. If the deposit is refundable (returned at end of tenancy minus any pet-caused damages), it is part of the security deposit and counts toward the cap. If it is structured as a non-refundable pet fee (one-time charge clearly labeled non-refundable in the lease), most New York jurisdictions allow it outside the deposit cap, but the lease must be explicit. Pet rent (a recurring monthly charge) is also generally allowed and is not part of the deposit. The treatment varies by state. Mixing refundable and non-refundable pet charges in the same line of the lease is a common drafting error that gets the entire amount treated as deposit. Failure to provide the itemized statement within 14 days forfeits the landlord's right to retain any part of the deposit.
Source: GOL 7-108(1-a)(e)
This is an informational answer based on GOL 7-108(1-a)(e) as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.