S T A T E O F N E W Y O R K
________________________________________________________________________
188
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PHEFFER, CLARK -- Multi-Sponsored by -- M. of A.
CAHILL, McENENY, MILLMAN, ORTIZ, SWEENEY, TOWNS, WEINSTEIN -- read
once and referred to the Committee on Housing
AN ACT to amend the public housing law, in relation to the keeping of
certain household pets by persons sixty-two years of age or older
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new section
223-c to read as follows:
S 223-C. DISCRIMINATION AGAINST PERSONS WHO HAVE CERTAIN HOUSEHOLD
PETS. 1. NO PERSON WHO IS SIXTY-TWO YEARS OF AGE OR OLDER SHALL BE
DENIED OCCUPANCY IN A DWELLING IN ANY HOUSING PROJECT OR BE SUBJECTED TO
EVICTION FROM ANY SUCH DWELLING ON THE SOLE GROUND THAT SUCH PERSON HAS
A COMMON HOUSEHOLD PET WHICH WILL OR DOES RESIDE WITH SUCH PERSON THERE-
IN.
2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR THE KEEPING OF
COMMON HOUSEHOLD PETS BY PERSONS SIXTY-TWO YEARS OF AGE OR OLDER WHO
RESIDE IN A DWELLING IN ANY HOUSING PROJECT. SUCH REGULATIONS MAY
INCLUDE CONSIDERATION, AFTER CONSULTATION WITH THE TENANTS OF SUCH HOUS-
ING PROJECT, OF OTHER REASONABLE FACTORS TO GOVERN THE KEEPING OF COMMON
HOUSEHOLD PETS SUCH AS DENSITY OF TENANTS, PET SIZE, POTENTIAL FINANCIAL
OBLIGATIONS OF TENANTS, AND STANDARDS OF PET CARE. SUCH REGULATIONS MAY
INCLUDE AND ALL PET OWNERS SHALL COMPLY WITH, THE FOLLOWING IF REQUIRED:
(A) INOCULATIONS AND LICENSING MANDATED BY STATE AND LOCAL LAWS;
(B) SANITARY STANDARDS GOVERNING THE DISPOSAL OF PET WASTE;
(C) LIMITING THE KEEPING OF COMMON HOUSEHOLD PETS TO ONE PER HOUSEHOLD
AT ANY GIVEN TIME;
(D) PET RESTRAINT IN COMMON AREAS;
(E) PET REGISTRATION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01950-01-9
A. 188 2
(F) ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF THE
PET OWNER.
3. MUNICIPAL HOUSING AUTHORITIES MAY PROMULGATE SUPPLEMENTARY RULES
AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION, NOT INCON-
SISTENT WITH THE PROVISIONS OF THIS SECTION OR THE COMMISSIONER'S REGU-
LATIONS.
4. ANY PET WHOSE CONDUCT OR CONDITION IS DULY DETERMINED TO CONSTITUTE
A NUISANCE OR A THREAT TO THE HEALTH OR SAFETY OF THE OTHER OCCUPANTS OF
SUCH HOUSING PROJECT, OR OF OTHER PERSONS IN THE COMMUNITY WHERE SUCH
HOUSING PROJECT IS LOCATED, MAY BE REMOVED BY THE MUNICIPAL HOUSING
AUTHORITY, PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRI-
ATE AUTHORITY OF THE COMMUNITY WHERE SUCH HOUSING PROJECT IS LOCATED.
FOR PURPOSES OF THIS SECTION A NUISANCE MEANS THE SUBSTANTIAL INTERFER-
ENCE WITH THE HEALTH, SAFETY, AND COMFORT OF THE OTHER TENANTS OF THE
HOUSING PROJECT, OR OF OTHER PERSONS IN THE COMMUNITY WHERE SUCH HOUSING
PROJECT IS LOCATED.
5. NOTHING IN THIS SECTION RELIEVES ANY PET OWNER FROM LIABILITY FOR
THE REASONABLE COSTS DIRECTLY ATTRIBUTABLE TO ANY DAMAGE CAUSED BY THE
PET, INCLUDING THE COST OF REPAIRS AND REPLACEMENTS THERETO.
6. ANY AGREEMENT BY A LESSEE OR TENANT WAIVING OR MODIFYING THE RIGHTS
CONTAINED IN THIS SECTION FOR THE KEEPING OF COMMON HOUSEHOLD PETS BY
PERSONS SIXTY-TWO YEARS OF AGE OR OLDER SHALL BE VOID AS CONTRARY TO
PUBLIC POLICY.
7. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMON HOUSEHOLD PET"
SHALL INCLUDE A DOG, CAT, GERBIL, HAMSTER, GUINEA PIG, BIRD, OR FISH.
S 2. This act shall take effect on the first of June in the year next
succeeding the year in which it shall have become a law; provided that
any regulations required for the implementation of this act shall be
promulgated at least 30 days prior to such effective date.