NY State Senate Bill S5944A

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	print number 5944a
May 24, 2016	amend and recommit to housing, construction and community development
Jan 06, 2016	referred to housing, construction and community development
Jun 12, 2015	referred to rules

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S5944 - Details

See Assembly Version of this Bill:: A2065
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add §223-c, Pub Hous L; add Art 7 §238-a, RP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6949
2017-2018: S1878, A1594
2019-2020: A1960
2021-2022: A7136

S5944 - Summary

Relates to discrimination against owners of specific breeds of dogs.

S5944 - Sponsor Memo

BILL NUMBER:S5944

TITLE OF BILL:  An act to amend the public housing law and the real
property law, in relation to discrimination against owners of specific
breeds of dog

PURPOSE OF THE BILL:

This bill will prohibit certain housing organizations from
discriminating against ownership of specific breeds of dog.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 223-c of the public housing
law as it relates to prohibiting public housing authorities from
restricting a person occupancy based on a person's ownership of a
specific breed of dog. It will not restrict a public housing
authority's right to impose reasonable restrictions on the ownership
of dogs, regardless of their breed, or dangerous dogs.

Section 2 of the bill adds a new section 238-a of the real property
law as it relates to prohibiting landlords from prohibiting a person
occupancy based on a person's ownership of a specific breed of dog.
It will not restrict a landlord's right to impose reasonable
restrictions on the ownership of dogs, regardless of their breed, or
dangerous dogs.

Section 3 of the bill relates to the effective date.

JUSTIFICATION:

Many housing organizations have banned ownership of specific breeds of
dogs causing hardship on families. These types of discriminatory
policies reduce housing opportunities for families, limit the adoption
of certain breeds such as pit bulls and further the negative stigma
against these dogs.

New York State law already prohibits municipalities from enacting
breed specific laws that restrict ownership. This bill would prohibit
rental properties and public housing authorities from adopting rules
or that restrict ownership of a specific breed of dog. This bill would
not infringe a housing unit's right to restrict ownership of all dogs
regardless of breed or "dangerous dogs" as defined in law.

Housing policies should focus on preventing ownership of dangerous
dogs and irresponsible dog owners from their premises, not a
discriminatory ban on specific breeds. Bad dogs are a result of bad
owners.

PRIOR LEGISLATIVE HISTORY:

A6949C of 2013-2014.

FISCAL IMPLICATIONS FOR STATE:

None.


EFFECTIVE DATE:

This act shall take effect immediately.

S5944 - Bill Text download pdf

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

                                  5944

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 12, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public housing law and the  real  property  law,  in
  relation to discrimination against owners of specific breeds of dog

  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 OWN CERTAIN BREEDS OF
DOGS. NO PERSON SHALL BE DENIED OCCUPANCY IN A DWELLING IN  ANY  PROJECT
OR  BE  SUBJECTED TO EVICTION FROM ANY SUCH DWELLING ON THE GROUNDS THAT
SUCH PERSON OWNS A SPECIFIC BREED OF DOG AND THE DOG RESIDES  WITH  SUCH
PERSON. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE IMPO-
SITION  OF  REASONABLE  RESTRICTIONS OR REQUIREMENTS ON THE OWNERSHIP OF
DOGS, REGARDLESS OF THEIR BREED,  OR  OWNERSHIP  OF  DANGEROUS  DOGS  AS
DEFINED  IN  SECTION  ONE  HUNDRED  TWENTY-THREE  OF THE AGRICULTURE AND
MARKETS LAW.
  S 2. Article 7 of the real property law is amended  by  adding  a  new
section 238-a to read as follows:
  S  238-A.  DISCRIMINATION  IN LEASES WITH RESPECT TO SPECIFIC BREED OF
DOGS. NO 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 SHALL RESTRICT A TENANT'S ABILITY  TO  OWN  A
SPECIFIC  BREED  OF  DOG.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
PROHIBIT THE IMPOSITION OF REASONABLE RESTRICTIONS  OR  REQUIREMENTS  ON
THE  OWNERSHIP  OF  DOGS,  REGARDLESS  OF  THEIR  BREED, OR OWNERSHIP OF
DANGEROUS DOGS AS DEFINED IN SECTION ONE  HUNDRED  TWENTY-THREE  OF  THE
AGRICULTURE AND MARKETS LAW.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02934-01-5

Co-Sponsors

S5944A (ACTIVE) - Details

See Assembly Version of this Bill:: A2065
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add §223-c, Pub Hous L; add Art 7 §238-a, RP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6949
2017-2018: S1878, A1594
2019-2020: A1960
2021-2022: A7136

S5944A (ACTIVE) - Summary

Relates to discrimination against owners of specific breeds of dogs.

S5944A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5944A

 TITLE OF BILL :  An act to amend the public housing law and the real
property law, in relation to discrimination against owners of specific
breeds of dog

 PURPOSE OF THE BILL :

This bill will prohibit certain housing organizations from
discriminating against ownership of dogs based on the dog's breed,
size or weight.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds a new section 223-c of the public housing
law as it relates to prohibiting public housing authorities from
restricting a person occupancy based on a person's ownership of a dog
of a specific breed, size or weight. It will not restrict a public
housing authority's right to impose reasonable restrictions on the
ownership of dogs, regardless of their breed, size, or weight. They
would be able to restrict the ownership of dogs classified as
"dangerous dogs."

Section 2 of the bill adds a new section 238-a of the real property
law as it relates to prohibiting landlords from prohibiting a person
occupancy based on a person's ownership of a dog of a specific breed,

size or weight. It will not restrict a landlord's right to impose
reasonable restrictions on the ownership of dogs, regardless of their
breed, size, or weight. They would be able to restrict the ownership
of dogs classified as "dangerous dogs."

Section 3 of the bill relates to the effective date.

 JUSTIFICATION :

Many housing organizations have banned ownership of dogs of specific
breeds, size or weight causing hardship on families. These types of
discriminatory policies reduce housing opportunities for families,
limit the adoption of certain breeds such as pit bulls and further the
negative stigma against these dogs.

New York State law already prohibits municipalities from enacting
breed specific laws that restrict ownership. This bill would prohibit
rental properties and public housing authorities from having policies
that restrict ownership of dogs that are a specific breed, size or
weight. This bill would not infringe a housing unit's right to
restrict ownership of all dogs regardless of breed or "dangerous dogs"
as defined in law.

Rousing policies should focus on preventing ownership of dangerous
dogs and irresponsible dog owners from their premises, not a
discriminatory ban on specific breeds. Bad dogs are a result of bad
owners.

 PRIOR LEGISLATIVE HISTORY :

2016: A.2065-A Amend and Recommit to Housing
2015: A.2065 Died in Rules
2014: A.6949C Died on Third Reading
2013: A.6949-B Amend and Recommit to Housing as of 8/26/13

 FISCAL IMPLICATIONS FOR STATE :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S5944A (ACTIVE) - Bill Text download pdf

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

                                 5944--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 12, 2015
                               ___________

Introduced  by  Sens. AVELLA, ADDABBO, SAVINO, SERRANO, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Rules  --  recommitted  to  the  Committee  on Housing,
  Construction and Community Development in accordance with Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public housing law and the  real  property  law,  in
  relation to discrimination against owners of specific breeds of dog

  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  OWN CERTAIN DOGS. NO
PERSON SHALL BE DENIED OCCUPANCY IN A DWELLING  IN  ANY  PROJECT  OR  BE
SUBJECTED  TO  EVICTION  FROM ANY SUCH DWELLING ON THE GROUNDS THAT SUCH
PERSON OWNS A DOG OF A SPECIFIC BREED, SIZE,  OR  WEIGHT  AND  SUCH  DOG
RESIDES  WITH SUCH PERSON. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
PROHIBIT  ANY  AUTHORITY  FROM  PRESCRIBING  AND  ENFORCING   REASONABLE
RESTRICTIONS  OR  REQUIREMENTS  ON  THE OWNERSHIP OF DOGS, REGARDLESS OF
THEIR BREED, SIZE, OR WEIGHT, OR ON THE OWNERSHIP OF DANGEROUS  DOGS  AS
PRESCRIBED  IN  SECTION  ONE HUNDRED TWENTY-THREE OF THE AGRICULTURE AND
MARKETS LAW.
  S 2. Article 7 of the real property law is amended  by  adding  a  new
section 238-a to read as follows:
  S  238-A.  DISCRIMINATION  IN  LEASES WITH RESPECT TO CERTAIN DOGS. NO
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 SHALL RESTRICT A TENANT'S ABILITY TO OWN A  DOG  OF  A
SPECIFIC  BREED,  SIZE  OR  WEIGHT.    NOTHING  IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT SUCH PERSONS, FIRMS OR CORPORATIONS FROM PRESCRIB-
ING AND ENFORCING REASONABLE RESTRICTIONS OR REQUIREMENTS ON THE  OWNER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02934-05-6

S. 5944--A                          2

SHIP  OF  DOGS,  REGARDLESS  OF  THEIR  BREED, SIZE OR WEIGHT, OR ON THE
OWNERSHIP OF DANGEROUS DOGS AS PRESCRIBED IN SECTION ONE  HUNDRED  TWEN-
TY-THREE OF THE AGRICULTURE AND MARKETS LAW.
  S 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S5944A

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S5944 - Details

S5944 - Summary

S5944 - Sponsor Memo

S5944 - Bill Text download pdf

Co-Sponsors

S5944A (ACTIVE) - Details

S5944A (ACTIVE) - Summary

S5944A (ACTIVE) - Sponsor Memo

S5944A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5944A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S5944 - Details

S5944 - Summary

S5944 - Sponsor Memo

S5944 - Bill Text download pdf

Co-Sponsors

S5944A (ACTIVE) - Details

S5944A (ACTIVE) - Summary

S5944A (ACTIVE) - Sponsor Memo

S5944A (ACTIVE) - Bill Text download pdf

Comments