NY State Senate Bill 2017-S1878

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 11, 2017	referred to housing, construction and community development

co-Sponsors

2017-S1878 (ACTIVE) - Details

See Assembly Version of this Bill:: A1594
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
2015-2016: S5944, A2065
2019-2020: A1960
2021-2022: A7136
2023-2024: A3357

2017-S1878 (ACTIVE) - Summary

Relates to discrimination against owners of specific breeds of dogs.

2017-S1878 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1878

 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: S.5944A/A.2065-A (Zebrowski)
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.

2017-S1878 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1878
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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 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:
   § 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.
   §  2.  Article  7  of the real property law is amended by adding a new
 section 238-a to read as follows:
   § 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-
 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.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01210-01-7

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Senate Bill S1878

Sponsored By

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

co-Sponsors

2017-S1878 (ACTIVE) - Details

2017-S1878 (ACTIVE) - Summary

2017-S1878 (ACTIVE) - Sponsor Memo

2017-S1878 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1878

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Sponsored By

Tony Avella

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

co-Sponsors

Brad Hoylman-Sigal

Jose M. Serrano

2017-S1878 (ACTIVE) - Details

2017-S1878 (ACTIVE) - Summary

2017-S1878 (ACTIVE) - Sponsor Memo

2017-S1878 (ACTIVE) - Bill Text download pdf

Comments