S T A T E   O F   N E W   Y O R K
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                                  3413

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M. of A. GLICK, MILLMAN, GOTTFRIED -- Multi-Sponsored by
  -- M. of A. ABBATE, CLARK, COLTON, MAISEL -- 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.
                                                           LBD04565-01-3

              

A. 3413                             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.