S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4891
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by  M.  of A. DE LA ROSA, WALKER, COLTON, WILLIAMS, DICKENS,
   GOTTFRIED, JOYNER, GLICK, SEAWRIGHT, J. RIVERA, CRUZ,  REYES,  HYNDMAN
   -- Multi-Sponsored by -- M. of A. COOK, RA, SAYEGH, 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.
              

                                                            LBD08522-01-1

 A. 4891                             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.