senate Bill S1824

2013-2014 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
Jun 20, 2014 committed to rules
Jun 09, 2014 advanced to third reading
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1055
Jan 08, 2014 referred to housing, construction and community development
Jun 21, 2013 committed to rules
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.675
Jan 09, 2013 referred to housing, construction and community development

Votes

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Jun 2, 2014 - Housing, Construction and Community Development committee Vote

S1824
9
0
committee
9
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: Jun 2, 2014

May 21, 2013 - Housing, Construction and Community Development committee Vote

S1824
7
0
committee
7
Aye
0
Nay
1
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 21, 2013

aye wr (1)

S1824 - Bill Details

See Assembly Version of this Bill:
A8470
Current Committee:
Senate Rules
Law Section:
Public Housing Law
Laws Affected:
Add ยง223-c, Pub Hous L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3117, A7873
2009-2010: A188
2013-2014: A1843

S1824 - 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:S1824

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; .) 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
2007-2006: 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
________________________________________________________________________

                                  1824

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02064-01-3

S. 1824                             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.

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