senate Bill S3117

2011-2012 Legislative Session

Allows persons 62 years or older in any housing project to keep common household pets

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to housing, construction and community development
Jun 24, 2011 committed to rules
May 24, 2011 advanced to third reading
May 23, 2011 2nd report cal.
May 18, 2011 1st report cal.735
Feb 09, 2011 referred to housing, construction and community development

Votes

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May 18, 2011 - Housing, Construction and Community Development committee Vote

S3117
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: May 18, 2011

S3117 - Bill Details

See Assembly Version of this Bill:
A7873
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Add ยง223-c, Pub Hous L
Versions Introduced in 2009-2010 Legislative Session:
A188

S3117 - Bill Texts

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Allows persons 62 years or older to keep and care for common household pets in municipal housing; prevents eviction of such persons based on the ownership of pets; provides that any pet who poses a nuisance to the community may be removed; does not remove any pet owner from liability for the reasonable costs directly attributable to any damage caused by the pet.

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BILL NUMBER:S3117

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To provide that persons 62 years of age or older be allowed to care
for a common household pet and not be denied occupancy in municipal
housing.

SUMMARY OF SPECIFIC PROVISIONS:
The public housing law is amended by adding a new section 223-c to
provide that: 1) no person 62 years of age or older may be denied
municipal housing on the grounds that such person has a common
household pet;
2) such person must comply with regulations governing the keeping of
such pets, including waste disposal, registration, inoculations,
providing for alternate caretakers, among others; 3) any pet who
poses a nuisance to the community may be removed; 4) the owner will
not be financially responsible for any reasonable repair or
replacement costs attributable to the pet.

JUSTIFICATION:
Medical studies have clearly demonstrated the health benefits, both
physical and emotional, that pets provide elderly persons and the
serious health problems that such persons could develop if the pets
are removed. Clearly, the mental and physical well-being of elderly
persons should not be placed in jeopardy merely because they have
pets. New York State presently puts elderly persons in the difficult
position of either being denied occupancy because they own a pet (a
denial which only comes after months of waiting by the senior citizen
for public housing) or, after living in public housing for some time
with the pet, being threatened with eviction lest they give up the
pet. This is due to the public housing authorities' unwillingness to
allow our senior citizens to keep pets.

Elderly people, often living alone, should not be denied the
companionship of an animal and the added security that an animal can
provide them, particularly during these times when violent crimes are
increasing.

Thousands of strays and unwanted animals for whom responsible homes
cannot be found are euthanized by shelters throughout New York State
each year.

This legislation is consistent with federal regulations for federally
assisted housing for the elderly stating that discrimination against
elderly pet owners is illegal.

PRIOR LEGISLATIVE HISTORY:
2009-2010: A.188 - Referred to Housing
2007-2008: A.160 - Referred to Housing
2005-2006: A.580 - Referred to Housing


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

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

                                  3117

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development

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
  (F) ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF  THE
PET OWNER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00646-01-1

S. 3117                             2

  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.

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