S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6435
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 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.