Assembly Bill A6616

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6616
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by M. of A. DE LA ROSA, ORTIZ, MOSLEY, WALKER, COLTON, CRES-
   PO, D'URSO,  WILLIAMS,  DICKENS,  GOTTFRIED,  BLAKE,  BARRON,  JOYNER,
   GLICK,  SEAWRIGHT -- Multi-Sponsored by -- M. of A. COOK, HYNDMAN, RA,
   SIMON -- 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 in
   buildings operated by the New York city housing authority
 
   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  IN NEW YORK CITY HOUSING AUTHORITY BUILDINGS.  1. NO PERSON WHO IS
 SIXTY YEARS OF AGE OR OLDER SHALL BE DENIED OCCUPANCY IN A  DWELLING  IN
 ANY  HOUSING  PROJECT OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY 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 THEREIN.
   2. THE NEW YORK CITY HOUSING AUTHORITY  SHALL  PROMULGATE  REGULATIONS
 FOR  THE  KEEPING OF COMMON HOUSEHOLD PETS BY PERSONS SIXTY YEARS OF AGE
 OR OLDER WHO RESIDE IN A DWELLING IN HOUSING OPERATED BY SUCH AUTHORITY.
 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,  BREED,  POTENTIAL FINANCIAL OBLIGATIONS OF TENANTS, AND STANDARDS
 OF PET CARE. SUCH REGULATIONS  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10289-02-9

 A. 6616                             2
 
   (D) ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF  THE
 PET OWNER;
   (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 NEW YORK CITY HOUSING AUTHORI-
 TY, PUBLIC HEALTH  OFFICER  HAVING  JURISDICTION  OR  OTHER  APPROPRIATE
 AUTHORITY  OF  THE  COMMUNITY  WHERE  SUCH PROJECT IS LOCATED; PROVIDED,
 HOWEVER, THAT PRIOR TO THE REMOVAL OF ANY PET, THE NEW YORK CITY HOUSING
 AUTHORITY, PUBLIC HEALTH OFFICER HAVING JURISDICTION OR OTHER  APPROPRI-
 ATE  AUTHORITY 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 to be made and completed on or before such effective
 date.