Senate Bill S9086

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9086
 
                             I N  S E N A T E
 
                             January 30, 2026
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the civil rights law, the  real  property  law  and  the
   public  housing  law,  in  relation  to  service animals and emotional
   support animals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 4-B of the civil rights law,
 as  amended  by  chapter  404 of the laws of 1986, is amended to read as
 follows:
                    RIGHTS OF PERSONS WITH A [DISABILITY
                        ACCOMPANIED BY GUIDE DOGS,
                       HEARING DOGS OR SERVICE DOGS]
                SERVICE ANIMAL OR EMOTIONAL SUPPORT ANIMAL
   § 2. Section 47-b of the civil rights law is amended by adding two new
 subdivisions 8 and 9 to read as follows:
   8. FOR THE PURPOSES OF THIS ARTICLE, THE TERM "SERVICE  ANIMAL"  MEANS
 AN  ANIMAL  THAT  IS  INDIVIDUALLY TRAINED TO PERFORM TASKS FOR A PERSON
 WITH A DISABILITY,  WHERE  SUCH  TASKS  ARE  DIRECTLY  RELATED  TO  SUCH
 PERSON'S  DISABILITY,  AND  SHALL  INCLUDE, BUT NOT BE LIMITED TO, GUIDE
 DOGS, HEARING DOGS, AND SERVICE DOGS.
   9. FOR THE PURPOSES OF  THIS  ARTICLE,  THE  TERM  "EMOTIONAL  SUPPORT
 ANIMAL"  MEANS  AN ANIMAL THAT PROVIDES THERAPEUTIC EMOTIONAL SUPPORT TO
 AN INDIVIDUAL WITH A DISABILITY, FOR THE PURPOSE OF ALLEVIATING  ONE  OR
 MORE  IDENTIFIED  SYMPTOMS OR EFFECTS, BUT THAT HAS NOT NECESSARILY BEEN
 TRAINED TO PERFORM ANY SPECIFIC TASKS.
   § 3. The real property law is amended by adding a new section 227-g to
 read as follows:
   § 227-G. HOUSING ACCOMMODATIONS  FOR  SERVICE  ANIMALS  AND  EMOTIONAL
 SUPPORT  ANIMALS.  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "SERVICE ANIMAL" SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION
 FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
   (B) "EMOTIONAL SUPPORT ANIMAL" SHALL HAVE THE SAME MEANING AS  DEFINED
 BY SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
   (C)  "DISABILITY"  SHALL  HAVE  THE SAME MEANING AS DEFINED BY SECTION
 FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14590-01-6
 S. 9086                             2
 
   (D) "QUALIFIED PRACTITIONER" SHALL MEAN  A  PHYSICIAN  LICENSED  UNDER
 ARTICLE  ONE  HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, A PSYCHOLOGIST
 LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW,  OR
 A MENTAL HEALTH COUNSELOR LICENSED UNDER ARTICLE ONE HUNDRED SIXTY-THREE
 OF THE EDUCATION LAW.
   2.  (A)  A  PERSON  WITH  A DISABILITY SHALL BE ENTITLED TO REASONABLE
 HOUSING ACCOMMODATIONS TO ACCOMMODATE SUCH PERSON'S  SERVICE  ANIMAL  OR
 EMOTIONAL  SUPPORT  ANIMAL;  PROVIDED,  HOWEVER  THAT  THE  LANDLORD MAY
 REQUIRE SUCH PERSON TO PROVIDE DOCUMENTATION FROM  A  QUALIFIED  PRACTI-
 TIONER  WHO  HAS PERSONAL KNOWLEDGE OF SUCH PERSON'S DISABILITY AND SUCH
 PERSON'S NEED FOR SUCH SERVICE ANIMAL OR EMOTIONAL SUPPORT ANIMAL.
   (B) A LANDLORD MAY REJECT DOCUMENTATION SUBMITTED BY A PERSON  WITH  A
 DISABILITY  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION THAT WAS
 OBTAINED FROM A QUALIFIED PRACTITIONER THROUGH TELEHEALTH  OR  TELEMEDI-
 CINE,  AS  SUCH TERMS ARE DEFINED BY SECTION TWENTY-NINE HUNDRED NINETY-
 NINE-CC OF THE PUBLIC HEALTH LAW, IF SUCH QUALIFIED PRACTITIONER HAS NOT
 EVALUATED SUCH PERSON WITH A DISABILITY OUTSIDE OF  SUCH  TELEHEALTH  OR
 TELEMEDICINE SERVICE.
   (C)  A  QUALIFIED PRACTITIONER THAT PROVIDES DOCUMENTATION UNDER PARA-
 GRAPH (A) OF THIS SUBDIVISION, WITHOUT PERSONAL KNOWLEDGE OF THE  PERSON
 WITH  A  DISABILITY'S  DISABILITY  AND  NEED  FOR  A  SERVICE  ANIMAL OR
 EMOTIONAL SUPPORT ANIMAL IN VIOLATION OF PARAGRAPH (A) OF THIS  SUBDIVI-
 SION,  SHALL BE DEEMED TO HAVE ENGAGED IN PROFESSIONAL MISCONDUCT PURSU-
 ANT TO SUBDIVISION TWO OF SECTION SIXTY-FIVE HUNDRED NINE OF THE  EDUCA-
 TION LAW.
   3.  THE  COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL DETERMINE
 WHAT QUALIFIES AS REASONABLE HOUSING ACCOMMODATIONS PURSUANT TO SUBDIVI-
 SION TWO OF THIS SECTION.
   § 4. Section 223-b of the public housing law, as  amended  by  chapter
 221 of the laws of 2018, is amended to read as follows:
   § 223-b. Discrimination against a person [who is deaf or hard of hear-
 ing  who  has  a hearing dog] WITH A SERVICE ANIMAL OR EMOTIONAL SUPPORT
 ANIMAL.  1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "SERVICE ANIMAL" SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION
 FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
   (B)  "EMOTIONAL SUPPORT ANIMAL" SHALL HAVE THE SAME MEANING AS DEFINED
 BY SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
   (C) "DISABILITY" SHALL HAVE THE SAME MEANING  AS  DEFINED  BY  SECTION
 FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
   (D)  "QUALIFIED  PRACTITIONER"  SHALL  MEAN A PHYSICIAN LICENSED UNDER
 ARTICLE ONE HUNDRED THIRTY-ONE OF  THE  EDUCATION  LAW,  A  PSYCHOLOGIST
 LICENSED  UNDER ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR
 A MENTAL HEALTH COUNSELOR LICENSED UNDER ARTICLE ONE HUNDRED SIXTY-THREE
 OF THE EDUCATION LAW.
   2. No person who is deaf or hard of hearing shall be denied  occupancy
 in  a  dwelling in any project or be subjected to eviction from any such
 dwelling on the sole ground that such  person  owns  a  hearing  dog  as
 defined  in  section  forty-seven-b  of  the civil rights law, provided,
 however, that if after occupancy a health hazard results on  account  of
 such  dog,  the  public health officer having jurisdiction may take such
 corrective measures as may be appropriate.
   3. (A) A PERSON WITH A DISABILITY LIVING IN A DWELLING IN ANY  PROJECT
 SHALL  BE  ENTITLED  TO REASONABLE HOUSING ACCOMMODATIONS TO ACCOMMODATE
 SUCH PERSON'S SERVICE ANIMAL  OR  EMOTIONAL  SUPPORT  ANIMAL;  PROVIDED,
 HOWEVER  THAT  THE  HOUSING  COMPANY  OR OTHER OWNER OR OPERATOR OF SUCH
 S. 9086                             3
 
 PROJECT MAY REQUIRE SUCH PERSON TO PROVIDE DOCUMENTATION FROM  A  QUALI-
 FIED PRACTITIONER WHO HAS PERSONAL KNOWLEDGE OF SUCH PERSON'S DISABILITY
 AND  SUCH  PERSON'S  NEED  FOR  SUCH SERVICE ANIMAL OR EMOTIONAL SUPPORT
 ANIMAL.
   (B)  A  HOUSING  COMPANY  OR  OTHER OWNER OR OPERATOR OF A PROJECT MAY
 REJECT DOCUMENTATION SUBMITTED BY A PERSON WITH A DISABILITY PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION THAT WAS  OBTAINED  FROM  A  QUALIFIED
 PRACTITIONER  THROUGH  TELEHEALTH  OR  TELEMEDICINE,  AS  SUCH TERMS ARE
 DEFINED BY SECTION TWENTY-NINE  HUNDRED  NINETY-NINE-CC  OF  THE  PUBLIC
 HEALTH LAW, IF SUCH QUALIFIED PRACTITIONER HAS NOT EVALUATED SUCH PERSON
 WITH A DISABILITY OUTSIDE OF SUCH TELEHEALTH OR TELEMEDICINE SERVICE.
   (C)  A  QUALIFIED PRACTITIONER THAT PROVIDES DOCUMENTATION UNDER PARA-
 GRAPH (A) OF THIS SUBDIVISION, WITHOUT PERSONAL KNOWLEDGE OF THE  PERSON
 WITH  A  DISABILITY'S  DISABILITY  AND  NEED  FOR  A  SERVICE  ANIMAL OR
 EMOTIONAL SUPPORT ANIMAL IN VIOLATION OF PARAGRAPH (A) OF THIS  SUBDIVI-
 SION,  SHALL BE DEEMED TO HAVE ENGAGED IN PROFESSIONAL MISCONDUCT PURSU-
 ANT TO SUBDIVISION TWO OF SECTION SIXTY-FIVE HUNDRED NINE OF THE  EDUCA-
 TION LAW.
   4. THE COMMISSIONER SHALL DETERMINE WHAT QUALIFIES AS REASONABLE HOUS-
 ING ACCOMMODATIONS PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   §  5.  Section  47  of the civil rights law is amended by adding a new
 subdivision 3 to read as follows:
   3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO EMOTIONAL SUPPORT
 ANIMALS.
   § 6. Section 47-a of the civil rights law, as amended by  chapter  404
 of the laws of 1986, is amended to read as follows:
   §  47-a. Employment of persons with a disability.  1. Unless it can be
 clearly shown that a person's disability would prevent such person  from
 performing the particular job no person who is otherwise qualified shall
 be  denied  equal  opportunities  to  obtain  and/or maintain employment
 and/or to advance in position in [his] SUCH PERSON'S job solely  because
 said  person is a person with a disability and is accompanied by a guide
 dog, hearing dog or service dog regardless of whether  the  employer  or
 prospective  employer  is the state or any political subdivision thereof
 or any other category of employer.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 TO EMOTIONAL SUPPORT ANIMALS.
   §  7.  Section 47-c of the civil rights law is amended by adding a new
 subdivision 3 to read as follows:
   3. A PERSON WHO INTENTIONALLY MISREPRESENTS AN  ANIMAL  AS  A  SERVICE
 ANIMAL OR EMOTIONAL SUPPORT ANIMAL FOR THE PURPOSES OF OBTAINING HOUSING
 ACCOMMODATIONS  PURSUANT  TO  SECTION  TWO HUNDRED TWENTY-SEVEN-G OF THE
 REAL PROPERTY LAW OR SECTION TWO HUNDRED TWENTY-THREE-B  OF  THE  PUBLIC
 HOUSING LAW SHALL:
   (A) BE GUILTY OF A MISDEMEANOR;
   (B) BE SUBJECT TO A FINE OF UP TO FIVE HUNDRED DOLLARS; AND
   (C)  BE  REQUIRED  TO PERFORM THIRTY HOURS OF COMMUNITY SERVICE FOR AN
 ORGANIZATION THAT SERVES INDIVIDUALS WITH A DISABILITY, AS DETERMINED BY
 THE COURT.
   § 8. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.