S T A T E O F N E W Y O R K
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6435
2019-2020 Regular Sessions
I N A S S E M B L Y
March 7, 2019
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Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Housing
AN ACT to amend the public housing law, in relation to the keeping of
certain household pets by persons sixty 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:
§ 223-C. DISCRIMINATION AGAINST PERSONS WHO HAVE CERTAIN HOUSEHOLD
PETS. 1. NO PERSON WHO IS SIXTY 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. ALL MUNICIPAL HOUSING AUTHORITIES SHALL PROMULGATE REGULATIONS FOR
THE KEEPING OF COMMON HOUSEHOLD PETS BY PERSONS SIXTY 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
HOUSING 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 REGU-
LATIONS MAY INCLUDE, BUT NOT BE LIMITED TO, REQUIRING ALL PET OWNERS TO
COMPLY WITH:
(A) INOCULATIONS AND LICENSING MANDATED BY STATE AND LOCAL LAWS, IF
APPLICABLE;
(B) SANITARY STANDARDS GOVERNING THE DISPOSAL OF PET WASTE;
(C) PET RESTRAINT IN COMMON AREAS;
(D) ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF THE
PET OWNER;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10289-01-9
A. 6435 2
(E) ANY FINANCIAL RESPONSIBILITIES FOR THE REASONABLE COSTS DIRECTLY
ATTRIBUTABLE TO ANY DAMAGE CAUSED BY THE PET, INCLUDING THE COST OF
REPAIRS AND REPLACEMENTS THERETO; AND
(F) THE APPEALS PROCESS FOR THE ATTEMPTED REMOVAL OF A PET PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
3. 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
THE SAME PROJECT, OR OF OTHER PERSONS IN THE COMMUNITY WHERE SUCH
PROJECT IS LOCATED, MAY BE REMOVED BY THE MUNICIPAL HOUSING AUTHORITY,
PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRIATE AUTHORI-
TY OF THE COMMUNITY WHERE SUCH PROJECT IS LOCATED; PROVIDED, HOWEVER,
THAT PRIOR TO THE REMOVAL OF ANY PET, SUCH MUNICIPAL HOUSING AUTHORITY,
PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRIATE AUTHORI-
TY OF THE COMMUNITY, WHICHEVER THE CASE MAY BE, MUST PROVIDE THE PET
OWNER WITH A WRITTEN STATEMENT THAT SETS FORTH THE BASIS FOR THE
REMOVAL. THE PET OWNER SHALL BE ABLE TO APPEAL SUCH WRITTEN FINDINGS.
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.
4. 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 YEARS OF AGE OR OLDER SHALL BE VOID AS CONTRARY TO PUBLIC
POLICY.
5. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMON HOUSEHOLD PET"
SHALL INCLUDE, BUT NOT BE LIMITED TO, A DOG, CAT, BIRD, OR FISH.
§ 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. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
the thirtieth day prior to such effective date.