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Assembly Bill A11709

2009-2010 Legislative Session

Prohibits clauses in leases requiring the declawing of animals

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Archive: Last Bill Status - In Assembly Committee

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2009-A11709 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง235-h, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3362
2013-2014: A3902
2015-2016: A3695
2017-2018: A3928
2019-2020: A4516

2009-A11709 (ACTIVE) - Summary

Prohibits clauses in residential leases requiring the declawing of animals; any person, firm or corporation who violates such provisions is guilty of a violation.

2009-A11709 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11709

                          I N  A S S E M B L Y

                            October 13, 2010
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Glick) --
  read once and referred to the Committee on Judiciary

AN ACT to amend the real property law, in relation to prohibiting claus-
  es in leases requiring the declawing of animals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  S 235-H. LEASE PROVISIONS RELATED TO DECLAWING ANIMALS; PROHIBITED. 1.
ANY PERSON, FIRM OR CORPORATION OWNING OR HAVING IN CHARGE ANY APARTMENT
HOUSE, TENEMENT HOUSE OR OTHER BUILDING OR MOBILE  HOME  PARK  USED  FOR
DWELLING  PURPOSES  WHO  SHALL,  IN ANY LEASE OF ANY OR PART OF ANY SUCH
BUILDING OR MOBILE HOME PARK, HAVE  A  CLAUSE  THEREIN  REQUIRING  AS  A
RESTRICTION TO OCCUPANCY THE DECLAWING OF ANY ANIMAL, SHALL BE GUILTY OF
A VIOLATION.
  2. FOR PURPOSES OF THIS SECTION:
  (A)  "DECLAWING"  MEANS  PERFORMING,  PROCURING,  OR ARRANGING FOR ANY
NON-THERAPEUTIC SURGICAL PROCEDURE, SUCH AS  ONYCHECTOMY,  TENDONECTOMY,
OR  PHALANGECTOMY,  TO  REMOVE  OR  TO PREVENT THE NORMAL FUNCTION OF AN
ANIMAL'S CLAW OR CLAWS; AND
  (B) "NON-THERAPEUTIC" MEANS A SURGICAL  PROCEDURE  THAT  IS  PERFORMED
WITHOUT THERE BEING A MEDICAL NECESSITY TO ADDRESS THE MEDICAL CONDITION
OF  AN  ANIMAL,  SUCH  AS  AN  EXISTING OR RECURRING ILLNESS, INFECTION,
DISEASE, INJURY, OR ABNORMAL CONDITION  THAT  COMPROMISES  THE  ANIMAL'S
HEALTH.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD18161-01-0

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