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

                                  3595

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M.  of A. GLICK, MILLMAN, GOTTFRIED, BING -- Multi-Spon-
  sored by -- M. of A.  CLARK, COLTON, MAISEL, McENENY, PHEFFER --  read
  once and referred to the Committee on Housing

AN  ACT  to  amend  the real property law, in relation to discrimination
  against certain tenants who own or keep pets

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

  Section  1.  Legislative intent. The legislature hereby finds that pet
companionship has a beneficial impact on the pet  owner's  physical  and
mental  health  and numerous studies have demonstrated that senior citi-
zens with pets live longer, visit the doctor less often and recover more
quickly from illnesses. There exists a significant public  interest  and
purpose  in  preserving and enhancing the quality of life of the state's
senior citizens. Such persons should not be compelled to choose  between
remaining  in  their  home  and  having  the  therapeutic benefit of pet
companionship. The shortage  of  affordable  housing  across  the  state
offers  such  persons few housing options if forced to leave their homes
due to their need for pet companionship.  Eviction  of  senior  citizens
from  multiple  dwellings  due to pet ownership is harmful to the public
welfare.
  S 2. The real property law is amended by adding a new section 237-b to
read as follows:
  S 237-B. DISCRIMINATION AGAINST PERSONS  WHO  HAVE  CERTAIN  HOUSEHOLD
PETS. NO PERSON SIXTY-TWO YEARS OF AGE OR OLDER SHALL BE DENIED OCCUPAN-
CY IN A MULTIPLE DWELLING OR BE SUBJECT TO EVICTION FROM ANY SUCH DWELL-
ING ON THE SOLE GROUND THAT SUCH PERSON OWNS OR KEEPS A COMMON HOUSEHOLD
PET  OR  PETS,  THE HARBORING OF WHICH IS NOT PROHIBITED BY THE MULTIPLE
DWELLING LAW OR ANY OTHER APPLICABLE LAW. THIS SECTION SHALL  NOT  APPLY
WHERE  THE  HARBORING  OF  A  COMMON  HOUSEHOLD PET CAUSES DAMAGE TO THE
SUBJECT PREMISES, CREATES A NUISANCE OR  INTERFERES  SUBSTANTIALLY  WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05940-01-1

              

A. 3595                             2

THE  HEALTH, SAFETY OR WELFARE OF OTHER TENANTS OR OCCUPANTS OF THE SAME
OR ADJACENT BUILDING OR STRUCTURE.
  THE  OWNER OF THE MULTIPLE DWELLING MAY ESTABLISH REASONABLE RULES FOR
THE CARE AND HANDLING OF COMMON HOUSEHOLD PETS AS PROVIDED FOR  IN  THIS
SECTION. SUCH RULES MAY INCLUDE THE FOLLOWING:
  (1)  REQUIRING  PETS TO BE RESTRAINED ON LEASHES OR IN CARRIERS IN THE
CUSTODY AND CARE OF A RESPONSIBLE HUMAN COMPANION IN ALL COMMON AREAS OF
THE PREMISES;
  (2) REQUIRING THE DISPOSAL OF ANIMAL WASTES  IN  A  MANNER  REASONABLY
SPECIFIED IN THE RULES;
  (3) REQUIRING THE USE OF REASONABLY DESIGNATED ELEVATORS WHEN ACCOMPA-
NIED BY PETS;
  (4)  REQUIRING  COMPLIANCE  WITH  APPLICABLE  STATE  AND LOCAL HEALTH,
ANIMAL CONTROL, AND ANIMAL ANTI-CRUELTY LAWS AND REGULATIONS.
  NOTHING CONTAINED IN THIS SECTION OR  RULES  PROMULGATED  PURSUANT  TO
THIS  SECTION,  SHALL  LIMIT OR RESTRICT RIGHTS GRANTED TO PERSONS UNDER
THEIR LEASES OR UNDER ANY  OTHER  LAW  OR  ORDINANCE.  NOTHING  IN  THIS
SECTION  SHALL  BE  CONSTRUED  TO  LIMIT OR RESTRICT A MUNICIPALITY FROM
ENACTING OR AMENDING LOCAL LAWS OR ORDINANCES GRANTING ADDITIONAL RIGHTS
TO KEEP PETS, PROVIDED, HOWEVER, THAT NO SUCH  LAW  OR  ORDINANCE  SHALL
DIMINISH ANY RIGHTS GRANTED BY THIS SECTION.
  S 3. This act shall take effect immediately.