S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3706
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. GLICK, GOTTFRIED, TITONE -- Multi-Sponsored by --
   M.  of A.  COLTON, PERRY -- 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.
   § 2. The real property law is amended by adding a new section 237-b to
 read as follows:
   §  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.
                                                            LBD03091-01-7
              

 A. 3706                             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.
   § 3. This act shall take effect immediately.