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
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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.