senate Bill S2338

2015-2016 Legislative Session

Relates to dangerous dogs

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to agriculture
Jan 22, 2015 referred to agriculture

S2338 - Bill Details

See Assembly Version of this Bill:
A7143
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §123, Ag & Mkts L

S2338 - Bill Texts

view summary

Relates to dangerous dogs; includes what an officer shall articulate in the determination of whether a dog is dangerous; extends the definition of a dangerous dog to include a dog that has caused unjustified physical injury or death to a companion animal or domestic animal.

view sponsor memo
BILL NUMBER:S2338

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to dangerous dogs

PURPOSE:

To provide greater protection to dog owners and to make the process of
determining when a dog is a dangerous dog streamlined.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends subdivision 1 of section 123 of the
Agriculture and Markets Law to clarify the procedure for reporting an
attack by a dog, against a companion animal. The procedure is that it
must be immediately reported to a police officer or dog control
officer, and at the point the dog control officer or police officer
must immediately inform the complainant of his or her right to
commence a proceeding that is described in subdivision 2 of this
section, and also determine if there is reason to believe that the dog
is a dangerous dog before leaving the scene. If the officer determines
that there is a reason to believe the dog is a dangerous dog, the
officer must commence such proceeding himself. When the officer makes
this determination, the officer has to articulate whether he or she
believes that the dog (1) attacked or threatened to attack a person,
companion animal, or domestic animal without justification, or (2)
behaved in such a manner which a reasonable person would believe poses
serious and unjustified imminent threat of serious physical injury or
death to one or more persons, companion animals, farm animals or
domestic animals.

This section also amends paragraph (c) of subdivision 3 and
subdivision 6 of section 123 of the Agriculture and Markets Law with
technical changes to reflect the above additions.

Section 2 of this bill provides that this act shall take effect
immediately.

EXISTING LAW:

The current procedure provided in subdivision one of section 123 of
the agriculture and markets did not provide for a clear way to
determine when a dog would be considered a dangerous dog in the case
of attacks that lead to serious injury or death of a domestic animal.

JUSTIFICATION:

This legislation broadens the scope of the determination of when a dog
is a dangerous dog. Previously, there was confusion over who handled
this determination, especially in relation to dog attacks where
another dog is injured or killed.

Recently, there have been multiple instances of larger dogs attacking
and killing smaller breeds of dogs in the New York City area. When
reported in New York City, there have been issues for New Yorkers who
have attempted to find recourse under the law. There had been mixed
messages of who handled reports of dogs attacking other dogs. This


amendment seeks to clear up how and when dangerous dog determinations
are made, and by whom these determinations can be made.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  2338

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  danger-
  ous dogs

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

  Section 1. Subdivision 1, paragraph (c) of subdivision 3, and subdivi-
sion 6 of section 123 of the agriculture and markets law, subdivision  1
as  amended  and  such  section as renumbered by section 18 of part T of
chapter 59 of the laws of 2010, paragraph (c) of subdivision 3 as  added
and  subdivision  6  as  amended by chapter 392 of the laws of 2004, are
amended to read as follows:
  1. Any person who witnesses an attack or threatened attack, or in  the
case  of  a  minor,  an adult acting on behalf of such minor, may make a
complaint of an attack or threatened attack  upon  a  person,  companion
animal  as  defined in section three hundred fifty of this chapter, farm
animal as defined in such section three hundred  fifty,  or  a  domestic
animal  as  defined in subdivision seven of section one hundred eight of
this article to a dog control officer or police officer of the appropri-
ate municipality. Such officer shall:
  (A) immediately inform the complainant of his or her right to commence
a proceeding as provided in subdivision two of this section; and[,]
  (B) DETERMINE if there is reason to believe THAT the dog is a  danger-
ous  dog[,]  BEFORE  LEAVING  THE  SCENE. IF THE OFFICER DETERMINES THAT
THERE IS A REASON TO BELIEVE THE DOG IS A  DANGEROUS  DOG,  the  officer
shall  forthwith  commence  such  proceeding  himself or herself.   WHEN
MAKING SUCH A DETERMINATION, THE OFFICER SHALL ARTICULATE WHETHER HE  OR
SHE  BELIEVES  THAT  THE  DOG  (I)  ATTACKED OR THREATENED TO ATTACK THE
PERSON, COMPANION ANIMAL OR DOMESTIC ANIMAL  WITHOUT  JUSTIFICATION,  OR
(II) BEHAVES IN A MANNER WHICH A REASONABLE PERSON WOULD BELIEVE POSES A
SERIOUS  AND  UNJUSTIFIED  IMMINENT THREAT OF SERIOUS PHYSICAL INJURY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08044-01-5

S. 2338                             2

DEATH TO ONE OR MORE PERSONS, COMPANION ANIMALS, FARM ANIMALS OR  DOMES-
TIC ANIMALS.
  (c)  the dog, without justification, caused serious physical injury or
death to a companion animal, farm animal or domestic animal, and has, in
the past two years, caused unjustified physical injury  or  death  to  a
companion  [or] ANIMAL, farm animal OR DOMESTIC ANIMAL as evidenced by a
"dangerous dog" finding pursuant to the provisions of this section.
  6. The owner of a dog who, through any act  or  omission,  negligently
permits  his  or  her dog to bite a person, service dog, guide dog [or],
hearing dog, COMPANION ANIMAL OR DOMESTIC ANIMAL causing physical injury
shall be subject to a civil penalty not to exceed four  hundred  dollars
in addition to any other applicable penalties.
  S 2. This act shall take effect immediately.

assembly Bill A6768

2015-2016 Legislative Session

Negates the issue of military deployment as a factor in the awarding of child custody

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 05, 2016 print number 6768a
amend and recommit to judiciary
Jan 06, 2016 referred to judiciary
Apr 01, 2015 referred to judiciary

Bill Amendments

A6768
A6768A
A6768
A6768A

A6768 - Bill Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70, 75-l & 240, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6035A
2011-2012: A8550

A6768 - Bill Texts

view summary

Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody where a suitable child care plan is presented; provides, upon return of a military member from a deployment, for the reinstatement of the child custody order in effect prior to such deployment.

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

                                  6768

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the domestic relations law, in relation to child custody
  when a parent is deployed on military active duty

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

  Section  1.  Section  70  of  the domestic relations law is amended by
adding a new subdivision (c) to read as follows:
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
COURT  SHALL  NOT  CONSIDER  THE PAST OR CURRENT DEPLOYMENT, OR POSSIBLE
FUTURE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF THE ARMED  FORCES  OF
THE  UNITED  STATES OR OF THE ORGANIZED MILITIA OF THE STATE AS A DETRI-
MENTAL FACTOR TO THE AWARDING OF CUSTODY OF A  CHILD  WHERE  A  SUITABLE
CHILD  CARE  PLAN  HAS  BEEN  PRESENTED  TO THE COURT BY THE PETITIONING
PARENT.
  S 2. Subdivision 3 of section 75-l of the domestic relations  law,  as
amended  by  chapter  473  of  the  laws  of 2009, is amended to read as
follows:
  3. Unless the parties have otherwise stipulated or agreed, if an order
is issued under this section, the return of the parent from active mili-
tary service, deployment or temporary assignment shall be  considered  a
substantial  change  in  circumstances,  AND  WITHIN THIRTY DAYS OF SUCH
RETURN THE CHILD CUSTODY  ORDER  IN  EFFECT  IMMEDIATELY  PRIOR  TO  ANY
MODIFICATIONS  THEREOF  PURSUANT  TO  SUBDIVISIONS  ONE  AND TWO OF THIS
SECTION SHALL BE REINSTATED AND BE IN FULL FORCE AND EFFECT.  [Upon  the
request  of either parent, the court shall determine on the basis of the
child's best interests whether the custody judgment or order  previously
in effect should be modified.]
  S  3.  Paragraph  (a)  of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
and a new subdivision 1-d is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03495-01-5

A. 6768                             2

  (a) In any action or proceeding brought (1) to annul a marriage or  to
declare  the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
tion and order to show cause, the custody of or right to visitation with
any  child  of  a  marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders,  and  shall  enter  orders  for
custody  and  support  as,  in the court's discretion, justice requires,
having regard to the circumstances of the case  and  of  the  respective
parties  and  to  the  best  interests  of  the child and subject to the
provisions  of  [subdivision]  SUBDIVISIONS  one-c  AND  ONE-D  of  this
section.  Where  either  party  to  an action concerning custody of or a
right to visitation  with  a  child  alleges  in  a  sworn  petition  or
complaint  or  sworn answer, cross-petition, counterclaim or other sworn
responsive pleading that the other party has committed an act of  domes-
tic  violence  against  the  party  making the allegation or a family or
household member of either party, as such family or household member  is
defined  in  article eight of the family court act, and such allegations
are proven by a preponderance of the evidence, the court  must  consider
the  effect  of  such  domestic  violence upon the best interests of the
child, together with such other facts and  circumstances  as  the  court
deems  relevant in making a direction pursuant to this section and state
on the record how such findings, facts and circumstances  factored  into
the  direction.  If  a  parent  makes a good faith allegation based on a
reasonable belief supported by facts that the child  is  the  victim  of
child  abuse, child neglect, or the effects of domestic violence, and if
that parent acts lawfully and in good faith in response to that  reason-
able  belief  to protect the child or seek treatment for the child, then
that parent shall not be deprived of custody, visitation or contact with
the child, or restricted in custody, visitation or contact, based solely
on that belief or the reasonable actions taken based on that belief.  If
an  allegation that a child is abused is supported by a preponderance of
the evidence, then the court shall consider such evidence  of  abuse  in
determining  the  visitation arrangement that is in the best interest of
the child, and the court shall not place a child in  the  custody  of  a
parent  who presents a substantial risk of harm to that child, and shall
state on the record how such findings were factored  into  the  determi-
nation.  An  order  directing the payment of child support shall contain
the social security numbers of the named parties.  In  all  cases  there
shall  be  no  prima  facie  right to the custody of the child in either
parent. Such direction shall make provision for child support out of the
property of either or both parents. The court shall make its  award  for
child support pursuant to subdivision one-b of this section. Such direc-
tion may provide for reasonable visitation rights to the maternal and/or
paternal  grandparents of any child of the parties. Such direction as it
applies to rights of visitation with a child remanded or placed  in  the
care  of  a  person, official, agency or institution pursuant to article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of  the  family  court
act  and  sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy, of the child. Notwithstanding any other provision of law, any  writ-
ten  application or motion to the court for the establishment, modifica-
tion or enforcement of a child support obligation  for  persons  not  in

A. 6768                             3

receipt  of public assistance and care must contain either a request for
child support enforcement services which would authorize the  collection
of  the  support  obligation  by  the  immediate  issuance  of an income
execution  for  support  enforcement  as  provided  for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has  applied  for
or  is  in  receipt  of such services; or a statement that the applicant
knows of the availability of such services, has declined  them  at  this
time  and  where  support  enforcement  services pursuant to section one
hundred eleven-g of the social services law have been declined that  the
applicant  understands  that  an  income  deduction  order may be issued
pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
the civil practice law and rules without other child support enforcement
services  and that payment of an administrative fee may be required. The
court shall provide a  copy  of  any  such  request  for  child  support
enforcement  services  to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the  copy  of  any  such  request
shall  be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the  name  and
date  of birth of the child or children; and the name and address of the
employers and income payors of the party  from  whom  child  support  is
sought  or  from  the  party  ordered  to pay child support to the other
party. Such direction may require the payment of a sum or sums of  money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent  and  to  such  third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to  be  made  to
the  support  collection  unit,  as  established  in section one hundred
eleven-h of the social services law. Every order directing  the  payment
of support shall require that if either parent currently, or at any time
in  the  future,  has  health  insurance  benefits available that may be
extended or obtained to cover the child,  such  parent  is  required  to
exercise  the  option  of additional coverage in favor of such child and
execute and deliver to such person  any  forms,  notices,  documents  or
instruments  necessary  to assure timely payment of any health insurance
claims for such child.
  1-D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  THE
COURT  SHALL  NOT  CONSIDER  THE PAST OR CURRENT DEPLOYMENT, OR POSSIBLE
FUTURE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF THE ARMED  FORCES  OF
THE  UNITED  STATES OR OF THE ORGANIZED MILITIA OF THE STATE AS A DETRI-
MENTAL FACTOR TO THE AWARDING OF CUSTODY OF A  CHILD  TO  A  PETITIONING
PARENT  WHERE A SUITABLE CHILD CARE PLAN HAS BEEN PRESENTED TO THE COURT
BY SUCH PARENT.
  S 4. This act shall take effect immediately.

A6768A - Bill Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70, 75-l & 240, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6035A
2011-2012: A8550

A6768A - Bill Texts

view summary

Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody where a suitable child care plan is presented; provides, upon return of a military member from a deployment, for the reinstatement of the child custody order in effect prior to such deployment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6768--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the domestic relations law, in relation to child custody
  when a parent is deployed on military active duty

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

  Section 1. Section 70 of the domestic  relations  law  is  amended  by
adding a new subdivision (c) to read as follows:
  (C)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT SHALL NOT CONSIDER THE PAST OR  CURRENT  DEPLOYMENT,  OR  POSSIBLE
FUTURE  DEPLOYMENT  OF A PARENT IN ACTIVE SERVICE OF THE ARMED FORCES OF
THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE STATE AS  A  DETRI-
MENTAL  FACTOR  TO  THE  AWARDING OF CUSTODY OF A CHILD WHERE A SUITABLE
CHILD CARE PLAN HAS BEEN PRESENTED  TO  THE  COURT  BY  THE  PETITIONING
PARENT.
  S  2.  Subdivision 3 of section 75-l of the domestic relations law, as
amended by chapter 473 of the laws  of  2009,  is  amended  to  read  as
follows:
  3. Unless the parties have otherwise stipulated or agreed, if an order
is issued under this section, the return of the parent from active mili-
tary  service,  deployment or temporary assignment shall be considered a
substantial change in circumstances, AND  WITHIN  THIRTY  DAYS  OF  SUCH
RETURN  THE  CHILD  CUSTODY  ORDER  IN  EFFECT  IMMEDIATELY PRIOR TO ANY
MODIFICATIONS THEREOF PURSUANT TO  SUBDIVISIONS  ONE  AND  TWO  OF  THIS
SECTION  SHALL BE REINSTATED AND BE IN FULL FORCE AND EFFECT.  [Upon the
request of either parent, the court shall determine on the basis of  the
child's  best interests whether the custody judgment or order previously
in effect should be modified.]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03495-03-6

A. 6768--A                          2

  S 3. Paragraph (a) of subdivision 1 of section  240  of  the  domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
and a new subdivision 1-d is added to read as follows:
  (a)  In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or  (3)
for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall  require  verification  of  the
status of any child of the marriage with respect to such child's custody
and  support,  including  any  prior  orders, and shall enter orders for
custody and support as, in the  court's  discretion,  justice  requires,
having  regard  to  the  circumstances of the case and of the respective
parties and to the best interests  of  the  child  and  subject  to  the
provisions  of  [subdivision]  SUBDIVISIONS  one-c  AND  ONE-D  of  this
section. Where either party to an action  concerning  custody  of  or  a
right  to  visitation  with  a  child  alleges  in  a  sworn petition or
complaint or sworn answer, cross-petition, counterclaim or  other  sworn
responsive  pleading that the other party has committed an act of domes-
tic violence against the party making the  allegation  or  a  family  or
household  member of either party, as such family or household member is
defined in article eight of the family court act, and  such  allegations
are  proven  by a preponderance of the evidence, the court must consider
the effect of such domestic violence upon  the  best  interests  of  the
child,  together  with  such  other facts and circumstances as the court
deems relevant in making a direction pursuant to this section and  state
on  the  record how such findings, facts and circumstances factored into
the direction. If a parent makes a good  faith  allegation  based  on  a
reasonable  belief  supported  by  facts that the child is the victim of
child abuse, child neglect, or the effects of domestic violence, and  if
that  parent acts lawfully and in good faith in response to that reason-
able belief to protect the child or seek treatment for the  child,  then
that parent shall not be deprived of custody, visitation or contact with
the child, or restricted in custody, visitation or contact, based solely
on  that belief or the reasonable actions taken based on that belief. If
an allegation that a child is abused is supported by a preponderance  of
the  evidence,  then  the court shall consider such evidence of abuse in
determining the visitation arrangement that is in the best  interest  of
the  child,  and  the  court shall not place a child in the custody of a
parent who presents a substantial risk of harm to that child, and  shall
state  on  the  record how such findings were factored into the determi-
nation. An order directing the payment of child  support  shall  contain
the  social  security  numbers  of the named parties. In all cases there
shall be no prima facie right to the custody  of  the  child  in  either
parent. Such direction shall make provision for child support out of the
property  of  either or both parents. The court shall make its award for
child support pursuant to subdivision one-b of this section. Such direc-
tion may provide for reasonable visitation rights to the maternal and/or
paternal grandparents of any child of the parties. Such direction as  it
applies  to  rights of visitation with a child remanded or placed in the
care of a person, official, agency or institution  pursuant  to  article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable  pursuant  to  part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three  hundred  eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-

A. 6768--A                          3

dy,  of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment,  modifica-
tion  or  enforcement  of  a child support obligation for persons not in
receipt  of public assistance and care must contain either a request for
child support enforcement services which would authorize the  collection
of  the  support  obligation  by  the  immediate  issuance  of an income
execution for support enforcement  as  provided  for  by  this  chapter,
completed in the manner specified in section one hundred eleven-g of the
social  services  law; or a statement that the applicant has applied for
or is in receipt of such services; or a  statement  that  the  applicant
knows  of  the  availability of such services, has declined them at this
time and where support enforcement  services  pursuant  to  section  one
hundred  eleven-g of the social services law have been declined that the
applicant understands that an  income  deduction  order  may  be  issued
pursuant  to  subdivision  (c) of section fifty-two hundred forty-two of
the civil practice law and rules without other child support enforcement
services and that payment of an administrative fee may be required.  The
court  shall  provide  a  copy  of  any  such  request for child support
enforcement services to the support collection unit of  the  appropriate
social services district any time it directs payments to be made to such
support  collection  unit.  Additionally,  the  copy of any such request
shall be accompanied by the name, address and social security number  of
the  parties;  the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of  the
employers  and  income  payors  of  the party from whom child support is
sought or from the party ordered to  pay  child  support  to  the  other
party.  Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided,  however,  that  unless  the
party seeking or receiving child support has applied for or is receiving
such  services,  the  court shall not direct such payments to be made to
the support collection unit,  as  established  in  section  one  hundred
eleven-h  of  the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health  insurance  benefits  available  that  may  be
extended  or  obtained  to  cover  the child, such parent is required to
exercise the option of additional coverage in favor of  such  child  and
execute  and  deliver  to  such  person any forms, notices, documents or
instruments necessary to assure timely payment of any  health  insurance
claims for such child.
  1-D.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT SHALL NOT CONSIDER THE PAST OR  CURRENT  DEPLOYMENT,  OR  POSSIBLE
FUTURE  DEPLOYMENT  OF A PARENT IN ACTIVE SERVICE OF THE ARMED FORCES OF
THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE STATE AS  A  DETRI-
MENTAL  FACTOR  TO  THE  AWARDING OF CUSTODY OF A CHILD TO A PETITIONING
PARENT WHERE A SUITABLE CHILD CARE PLAN HAS BEEN PRESENTED TO THE  COURT
BY SUCH PARENT.
  S  3-a.  Paragraph (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 567 of the laws of 2015, is amended
to read as follows:
  (a) In any action or proceeding brought (1) to annul a marriage or  to
declare  the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
tion and order to show cause, the custody of or right to visitation with
any  child  of  a  marriage, the court shall require verification of the

A. 6768--A                          4

status of any child of the marriage with respect to such child's custody
and support, including any prior orders,  and  shall  enter  orders  for
custody  and  support  as,  in the court's discretion, justice requires,
having  regard  to  the  circumstances of the case and of the respective
parties and to the best interests  of  the  child  and  subject  to  the
provisions  of  [subdivision]  SUBDIVISIONS  one-c  AND  ONE-D  of  this
section. Where either party to an action  concerning  custody  of  or  a
right  to  visitation  with  a  child  alleges  in  a  sworn petition or
complaint or sworn answer, cross-petition, counterclaim or  other  sworn
responsive  pleading that the other party has committed an act of domes-
tic violence against the party making the  allegation  or  a  family  or
household  member of either party, as such family or household member is
defined in article eight of the family court act, and  such  allegations
are  proven  by a preponderance of the evidence, the court must consider
the effect of such domestic violence upon  the  best  interests  of  the
child,  together  with  such  other facts and circumstances as the court
deems relevant in making a direction pursuant to this section and  state
on  the  record how such findings, facts and circumstances factored into
the direction. If a parent makes a good  faith  allegation  based  on  a
reasonable  belief  supported  by  facts that the child is the victim of
child abuse, child neglect, or the effects of domestic violence, and  if
that  parent acts lawfully and in good faith in response to that reason-
able belief to protect the child or seek treatment for the  child,  then
that parent shall not be deprived of custody, visitation or contact with
the child, or restricted in custody, visitation or contact, based solely
on  that belief or the reasonable actions taken based on that belief. If
an allegation that a child is abused is supported by a preponderance  of
the  evidence,  then  the court shall consider such evidence of abuse in
determining the visitation arrangement that is in the best  interest  of
the  child,  and  the  court shall not place a child in the custody of a
parent who presents a substantial risk of harm to that child, and  shall
state  on  the  record how such findings were factored into the determi-
nation. Where a proceeding filed pursuant to article ten or ten-A of the
family court act is pending at the same time as a proceeding brought  in
the supreme court involving the custody of, or right to visitation with,
any  child  of a marriage, the court presiding over the proceeding under
article ten or ten-A of the family court act may jointly hear the dispo-
sitional hearing on the petition under article  ten  or  the  permanency
hearing  under  article ten-A of the family court act and, upon referral
from the supreme court, the hearing to resolve the matter of custody  or
visitation  in  the  proceeding  pending  in the supreme court; provided
however, the court must determine custody or  visitation  in  accordance
with the terms of this section.
  An  order  directing  the  payment  of child support shall contain the
social security numbers of the named parties. In all cases  there  shall
be  no  prima  facie right to the custody of the child in either parent.
Such direction shall make provision for child support out of the proper-
ty of either or both parents. The court shall make its award  for  child
support  pursuant  to  subdivision one-b of this section. Such direction
may provide for reasonable visitation  rights  to  the  maternal  and/or
paternal  grandparents of any child of the parties. Such direction as it
applies to rights of visitation with a child remanded or placed  in  the
care  of  a  person, official, agency or institution pursuant to article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of  the  family  court

A. 6768--A                          5

act  and  sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy,  of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment,  modifica-
tion  or  enforcement  of  a child support obligation for persons not in
receipt of public assistance and care must contain either a request  for
child  support enforcement services which would authorize the collection
of the support  obligation  by  the  immediate  issuance  of  an  income
execution  for  support  enforcement  as  provided  for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has  applied  for
or  is  in  receipt  of such services; or a statement that the applicant
knows of the availability of such services, has declined  them  at  this
time  and  where  support  enforcement  services pursuant to section one
hundred eleven-g of the social services law have been declined that  the
applicant  understands  that  an  income  deduction  order may be issued
pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
the civil practice law and rules without other child support enforcement
services  and that payment of an administrative fee may be required. The
court shall provide a  copy  of  any  such  request  for  child  support
enforcement  services  to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the  copy  of  any  such  request
shall  be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the  name  and
date  of birth of the child or children; and the name and address of the
employers and income payors of the party  from  whom  child  support  is
sought  or  from  the  party  ordered  to pay child support to the other
party. Such direction may require the payment of a sum or sums of  money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent  and  to  such  third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to  be  made  to
the  support  collection  unit,  as  established  in section one hundred
eleven-h of the social services law. Every order directing  the  payment
of support shall require that if either parent currently, or at any time
in  the  future,  has  health  insurance  benefits available that may be
extended or obtained to cover the child,  such  parent  is  required  to
exercise  the  option  of additional coverage in favor of such child and
execute and deliver to such person  any  forms,  notices,  documents  or
instruments  necessary  to assure timely payment of any health insurance
claims for such child.
  S 4. This act shall take effect immediately; provided,  however,  that
section  three-a  of  this  act  shall  take  effect on the same date as
section 12 of chapter 567 of the laws of 2015, takes effect.

senate Bill S3583

2015-2016 Legislative Session

Relates to surcharges for the installation or use of certain appliances in housing accommodations subject to rent control

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to housing, construction and community development
Mar 30, 2015 notice of committee consideration - requested
Feb 12, 2015 referred to housing, construction and community development

Co-Sponsors

view additional co-sponsors

S3583 - Bill Details

See Assembly Version of this Bill:
A1795
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add §26-416, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1733A, A555A, S1733
2011-2012: S3260, S3876, A1338
2009-2010: A547, A1127

S3583 - Bill Texts

view summary

Prohibits the imposition of any surcharge for the installation or use of a tenant-installed appliance where the tenant pays for electric utility service.

view sponsor memo
BILL NUMBER:S3583

TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to surcharges for the installation or use of certain
appliances in housing accommodations subject to rent control

PURPOSE OR GENERAL IDEA OF BILL:

This bill will prohibit the imposition of any surcharge for the
installation or use of a tenant-installed appliance.

SUMMARY OF SPECIFIC PROVISIONS:

This bill amends section (1) of the administrative code of the city of
New York by adding a new section (26-416) that prohibits the
imposition of any surcharge for the installation or use of a
tenant-installed appliance where the tenant pays for electric utility
service.

JUSTIFICATION:

On March 24, 2005 the NYS Division of Housing and Community Renewal
issued Operational Bulletin 2005-1 which states that in both rent
controlled and rent stabilized apartments, when a tenant requests
permission to install a washer, dryer, or dishwasher, the owner can
collect a surcharge for each appliance. This action was purportedly
taken in order to account for the increased wear on plumbing and the
increased utility costs paid by landlords, but these costs are already
taken into account when calculating rent Because these costs are
already accounted for in the rent itself, and this action has the
likely effect of increasing disputes between landlords and tenants,
this bill is necessary to prohibit appliance surcharges.

PRIOR LEGISLATIVE HISTORY:

2011-12 - A.1338 Referred to Housing/S.3268 - Referred to Housing,
Construction and Community Development
2009-10 - A.1127 - Advanced to 3rd reading cal. No. 734
2007-08 - A.3843 - Referred to Housing
2005-06 - A.8264 - Referred to Housing

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately; provided that section 26-416
of the city rent and rehabilitation law as added by section one of
this act shall remain in full force and effect only as long as the
public emergency requiring the regulation and control of residential
rents and evictions continues, as provided in subdivision 2 of section
1 of the local emergency housing rent control act.


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

                                  3583

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

Introduced by Sens. ESPAILLAT, DIAZ, HOYLMAN, KRUEGER, MONTGOMERY, PARK-
  ER,  PERKINS,  SERRANO  --  read  twice  and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to surcharges for the installation or use of  certain  appli-
  ances in housing accommodations subject to rent control

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

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 26-416 to read as follows:
  S 26-416 SURCHARGES FOR TENANT-INSTALLED APPLIANCES. THE IMPOSITION OF
ANY  SURCHARGE  FOR THE INSTALLATION OR USE OF A TENANT-INSTALLED APPLI-
ANCE IS PROHIBITED WHERE THE TENANT PAYS FOR ELECTRIC UTILITY SERVICE.
  S 2. This act shall take effect  immediately;  provided  that  section
26-416  of  the city rent and rehabilitation law as added by section one
of this act shall remain in full force and effect only as  long  as  the
public  emergency  requiring  the  regulation and control of residential
rents and evictions continues, as provided in subdivision 3 of section 1
of the local emergency housing rent control act.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01426-01-5