# Pigeons as pets - legal?



## Pijn (May 17, 2002)

Hi, everyone.

I have a question. Our landlord is complaining about our pet pigeons. We live in an apartment in New York City. 

We have been told that pigeons are legal pets in this state. But is it true?

In any case, there's a law (created by a case) that makes exclusion of pets from apartments illegal as long as the landlord knew about them 3 months before he complained. The super did know and a lot longer than three months ago.

Does anyone know what the statutory and case law about this is or how I can find it on the web or in a law library?


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## bigbird (Aug 19, 2000)

Each State, each county, each district, town, etc has its own laws regarding pets in the city. You need to start local on this one. You might try checking with the humane society or a local rehab center, or some local agency on this subject.
Regards,
Carl


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## Pijn (May 17, 2002)

Thanks, Carl. A wildlife rehabilitator is sure it's legal, while the SPCA thinks it's not. The SPCA has a bad rep, so I'm going with the optimistic opinion.

I just want to add something. The landlord wondered if they were pets. I think he means are they farm animals. Keeping chickens would be illegal most citified areas.

Any New Yorkers have experience with the law here?

[This message has been edited by Pijn (edited May 17, 2002).]

[This message has been edited by Pijn (edited May 17, 2002).]


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## fred2344 (Jan 9, 2002)

Hi,
The law in New York State is that the keeping, maintaining and treatment of pigeons is legal. This excludes a banded bird because that is another person's property. So feral pigeons, sparrows and starlings can be kept as pets. All other bird species are native and are therefore protected.
Your problem seems to have more to do with the landlord not wanting the birds and the three month period. I wish I knew more about that aspect to help you out but don't.


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## raynjudy (Aug 22, 2000)

I'd recommend that anybody in the NY area that knows the answer, but finds the topic a bit "twitchy", for whatever reason, e-mail Pijn directly.

--Ray


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## raynjudy (Aug 22, 2000)

Thanks, Fred! I see we fired away at the same time!









--Ray


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## fred2344 (Jan 9, 2002)

Try this link in order to get information on tenant rights in New York City: http://www.tenant.net/


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## fred2344 (Jan 9, 2002)

Hi Ray,
I have read that information about the keeping of pigeons, sparrows and starlings in so many official documents that I'm positive that this is absolutely correct but now when I need it to help, I can't locate one source and that is so frustrating.


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## Psion (Mar 1, 2002)

In an apartment there may not be anything you can do, its like how some places don't allow dogs or cats... or even any pets whatsoever. Talk it over with the landlord/superintendant. 

Best of Luck!
Nick


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## raynjudy (Aug 22, 2000)

Hey, Nick!

You make a good point. But the defining line may have to be the lease or any signed addendums to it.

It would be rare for me to second-guess Fred--so I'm sure there's no law against keeping pigeons in NY. After all, the Domestic Show Flight breed was developed, largely, by NY City fanciers.

Pijn, does your building allow pets, yes or no? Are birds specifically excluded? We have parrots and their presence is definitely stronger than that of our two pigeons.

The landlord or "super" is a powerful ally in an apartment siuation. These people can make repairs happen quickly and problems 
"vanish", in many cases. Be sure he's not ticked at you for some other reason. Like Nick says, talk it out. Have him visit this site for more info.

But if it gets right down to brass tacks, read the policy on pets as stated in your signed lease.

--Ray


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## Psion (Mar 1, 2002)

As well as a powerful ally they can be a powerful enemy as well. Keep on good terms and see what happens. How many birds do you have?

Nick


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## fred2344 (Jan 9, 2002)

Well, given the intractable old wife's tale about pigeons being dirty and diseased is not going to help the situation much. The building owners will probably have the other tenants on their side. 
There was a news item on the TV a few years ago about a man living in Manhattan who owned quite a few pigeons and created a special room for them. If I remember the story correctly, there was a complaint about keeping them and the Board of Health was called in. He got an A+ on his report card and was allowed to keep them.


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## Pijn (May 17, 2002)

Thanks, everybody, and I apologize for not getting back to you all sooner. I had to wait til I got to work, today.

Wonderful to hear, Fred, that the law allows unprotected birds to be kept as pets. Thanks for the website.

The story about the man who passed the inspection is very heartening.

As for our super, he's the best I've ever had, and he has an African Grey (so does the apartment next door to us). Animals may be allowed (there are many in the building), and the three-month rule seems to cover us. The super loves our birds and visits them when he comes to fix anything. But he doesn't work for us, as we know.

Still, waiting for the ax to fall is scary. Maybe the man won't do anything but talk.

And we certainly don't want to waste money on a housing lawyer if it's a sure win.

Our birdies appreciate all your help. They just don't know how to say it in English.


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