NY State Senate Bill S2705

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to governmental operations delivered to assembly passed senate
Jan 21, 2020	advanced to third reading
Jan 15, 2020	2nd report cal.
Jan 14, 2020	1st report cal.157
Jan 08, 2020	referred to investigations and government operations returned to senate died in assembly
May 29, 2019	referred to governmental operations delivered to assembly passed senate
Mar 04, 2019	advanced to third reading
Feb 28, 2019	2nd report cal.
Feb 27, 2019	1st report cal.172
Jan 29, 2019	referred to investigations and government operations

Votes

view votes

Jul 21, 2020 - floor Vote

S2705

floor

Aye

Nay

Absent

Excused

Abstained

Jan 14, 2020 - Investigations and Government Operations committee Vote

S2705

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jan 14, 2020

aye (6)

nay (1)

Jacobs

May 29, 2019 - floor Vote

S2705

floor

Aye

Nay

Absent

Excused

Abstained

Feb 27, 2019 - Investigations and Government Operations committee Vote

S2705

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S2705 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§292, 296 & 356, Exec L; amd §108, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6031
2017-2018: S5080

S2705 (ACTIVE) - Summary

Relates to therapy dogs and cats for persons with a disability.

S2705 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2705

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the executive law and the agriculture and markets law,
in relation to therapy dogs and cats for persons with disabilities

 
PURPOSE:

This bill provides that persons with disabilities may not be subjected
to housing discrimination for living with a therapy dog.

 
SUMMARY OF PROVISIONS:

Section 1: amends subdivision of section 296 of the executive law to
include service dogs of any breed and therapy dogs within the class of
animals protected from unlawful discriminatory practices.

Section 2: amends subdivision 26 of section 108 of the agriculture and
markets law to include personal residences within places therapy dogs

are protected.

Section 3: amends subdivision 1 of section 356 of the executive law to
include housing services, not limited to instances of discrimination,
within the state veterans' service agency's powers and duties to inform.

Section 4: effective date.

 
JUSTIFICATION:

The federal Fair Housing Act (42 USC 3602, et seq) protects persons with
a disability from housing discrimination based on that disability. While
New York State Human Rights Law has recognized many of these
protections, individuals with disabilities, especially returning veter-
ans suffering from post-traumatic stress disorder.  (PTSD) who rely on
medically-prescribed therapy dogs, are still being denied housing or are
being forced to leave adequate housing due to the presence of their
therapy animal in the home.

Federal and state agencies charged with implementing the Fair Housing
Act (including the NY Attorney General's Civil Rights Bureau, NYS Divi-
sion of Human Rights, and U.S. Department of Justice) have recognized
that individuals with therapy and emotional support animals must be
reasonably accommodated. Yet, veterans living with PTS throughout New
York state are targeted for their therapy dogs and denied otherwise
publicly-available housing.

According to a 2011 RAND Corporation study, PTSD or combat-related
depression affects approximately 22 percent of Iraq and Afghanistan
veterans.(1) In another report, according to Veteran's Affairs facili-
ties, roughly 30 percent of post-9/11 veterans treated at these medical
departments have screened positive for PTSD. (2) Finally, a Stanford
University study projects that in the coming years, upwards of 35
percent of all veterans of Iraq and Afghanistan will suffer from PTSD
and other mental illnesses following their deployment.(3) These figures
affect people from every part of New York State. This legislation is in
response to concerns raised by a local veterans services agency regard-
ing the denial of housing-or an eviction based on the presence of a
therapy dog in the home, which is often utilized in a treatment plan for
veterans with PTSD. These local heroes may then face homelessness or
must rely on the nearest VA hospital for housing until they can find a
place that will accommodate their therapy dog, which provides them with
critical therapy and support.

In order to correct this injustice and close this loophole, this legis-
lation codifies outlying portions of the federal Fair Housing Act into
New York State law to afford more complete, explicit protections on not
only persons with disabilities, but particularly veterans suffering from
PTSD. After these young men and women serve our country, it is our duty
to protect their right to be safely and adequately housed when they
return home.

(1) http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/
RAND TR920.pdf

(2) http://www.militarytimes.com/story/military/benefits/healthcare/
2015/05/10/ptsd-service-dogs-va-perdue/70944650/

(3) http://www.gillibrand.senate.gov/imo/media/doc/Sen.%20Gillibrand%20
PTSW620andt2OTBIt2OReport.pdf

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately

S2705 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2705

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law and the agriculture and  markets  law,
  in relation to therapy dogs and cats for persons with disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 21 of section 292  of  the  executive  law,  as
amended  by  chapter  269  of  the  laws  of 1997, is amended to read as
follows:
  21. The term "disability" means (a)  a  physical,  mental  or  medical
impairment  resulting  from anatomical, physiological, genetic or neuro-
logical conditions which prevents the exercise of a normal bodily  func-
tion,  SUBSTANTIALLY  LIMITS  ONE  OR  MORE  OF SUCH PERSON'S MAJOR LIFE
ACTIVITIES, or is demonstrable by medically accepted clinical or labora-
tory diagnostic techniques or (b) a record of such an impairment or  (c)
a condition regarded by others as such an impairment, provided, however,
that in all provisions of this article dealing with employment, the term
shall be limited to disabilities which, upon the provision of reasonable
accommodations,  do  not  prevent  the  complainant from performing in a
reasonable manner the activities  involved  in  the  job  or  occupation
sought  or  held.    FOR PURPOSES OF THIS SECTION, MAJOR LIFE ACTIVITIES
INCLUDE, BUT ARE NOT LIMITED TO, CARING FOR ONESELF,  PERFORMING  MANUAL
TASKS,  SEEING,  HEARING,  EATING, SLEEPING, WALKING, STANDING, LIFTING,
BENDING, SPEAKING, BREATHING, LEARNING, READING,  CONCENTRATING,  THINK-
ING,  COMMUNICATING, AND WORKING. MAJOR LIFE ACTIVITIES ALSO INCLUDE THE
OPERATION OF A MAJOR BODILY FUNCTION,  INCLUDING  BUT  NOT  LIMITED  TO,
FUNCTIONS  OF  THE  IMMUNE SYSTEM, NORMAL CELL GROWTH, DIGESTIVE, BOWEL,
BLADDER, NEUROLOGICAL, BRAIN, RESPIRATORY, CIRCULATORY,  ENDOCRINE,  AND
REPRODUCTIVE FUNCTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03679-01-9

S. 2705                             2

  § 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 221 of the laws of 2018, is amended to read as follows:
  14. In addition to reasonable modifications in policies, practices, or
procedures,  including  those  defined in subparagraph (iv) of paragraph
(d) of subdivision two of this section or reasonable accommodations  for
persons with disabilities as otherwise provided in this section, includ-
ing  the  use of an animal as a reasonable accommodation, it shall be an
unlawful discriminatory practice for any person engaged in any  activity
covered  by  this  section  to  deny access or otherwise to discriminate
against a blind person, a person who is deaf or hard  of  hearing  or  a
person with another disability because he or she is accompanied by a dog
that  has been trained to work or perform specific tasks for the benefit
of such person by a professional guide dog, hearing dog or  service  dog
training  center  or  professional guide dog, hearing dog or service dog
trainer, or to discriminate against such professional guide dog, hearing
dog or service dog trainer engaged in such training of a dog for use  by
a person with a disability, whether or not accompanied by the person for
whom  the  dog is being trained.  THIS SECTION SHALL APPLY REGARDLESS OF
BREED, OR ANY OTHER TYPE OF THERAPY DOG OR CAT.
  § 3. Subdivision 26 of section 108 of the agriculture and markets law,
as amended by chapter 497 of the laws of 2017, is  amended  to  read  as
follows:
  26.  "Therapy  dog OR CAT" means any dog OR CAT that is trained to aid
the emotional and physical health  of  patients  in  hospitals,  nursing
homes,  retirement homes, PERSONAL RESIDENCES, and other settings and is
actually used for such purpose, or any dog OR CAT during the period such
dog OR CAT is being trained or bred for such purpose, and does not qual-
ify under federal or state law or regulations as a service dog OR CAT.
  § 4. Subdivision 1 of section 356 of the executive law is  amended  to
read as follows:
  1. A state veterans' service agency established by the division pursu-
ant  to this article shall have power and it shall be its duty to inform
military and naval authorities of the United States and  assist  members
of  the  armed forces and veterans, who are residents of this state, and
their families, in relation to (1)  matters  pertaining  to  educational
training and retraining services and facilities, (2) health, medical and
rehabilitation services and facilities, (3) provisions of federal, state
and  local  laws and regulations affording special rights and privileges
to members of the armed forces and war veterans and their families,  (4)
employment  and  re-employment  services,  [and]  (5)  HOUSING  SERVICES
INCLUDING BUT NOT LIMITED TO INSTANCES OF DISCRIMINATION, AND (6)  other
matters  of  similar, related or appropriate nature. The state veterans'
service agency also shall perform such other duties as may  be  assigned
by the state director.
  § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2705

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Jan 14, 2020 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Jan 14, 2020

May 29, 2019 - floor Vote

Floor Vote: May 29, 2019

Feb 27, 2019 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 27, 2019

Co-Sponsors

S2705 (ACTIVE) - Details

S2705 (ACTIVE) - Summary

S2705 (ACTIVE) - Sponsor Memo

S2705 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2705

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Jan 14, 2020 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Jan 14, 2020

May 29, 2019 - floor Vote

Floor Vote: May 29, 2019

Feb 27, 2019 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 27, 2019

Co-Sponsors

Anna M. Kaplan

S2705 (ACTIVE) - Details

S2705 (ACTIVE) - Summary

S2705 (ACTIVE) - Sponsor Memo

S2705 (ACTIVE) - Bill Text download pdf

Comments