Bill Text: NY A06435 | 2019-2020 | General Assembly | Introduced
Bill Title: Allows persons 60 years or older to keep and care for common household pets in municipal housing; prevents eviction of such persons based on the ownership of pets; provides that any pet who poses a nuisance to the community may be removed; does not remove any pet owner from liability for the reasonable costs directly attributable to any damage caused by the pet.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A06435 Detail]
Download: New_York-2019-A06435-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6435 2019-2020 Regular Sessions IN ASSEMBLY March 7, 2019 ___________ Introduced by M. of A. CRESPO -- 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public housing law is amended by adding a new section 2 223-c to read as follows: 3 § 223-c. Discrimination against persons who have certain household 4 pets. 1. No person who is sixty years of age or older shall be denied 5 occupancy in a dwelling in any housing project or be subjected to 6 eviction from any such dwelling on the sole ground that such person has 7 a common household pet which will or does reside with such person there- 8 in. 9 2. All municipal housing authorities shall promulgate regulations for 10 the keeping of common household pets by persons sixty years of age or 11 older who reside in a dwelling in any housing project. Such regulations 12 may include consideration, after consultation with the tenants of such 13 housing project, of other reasonable factors to govern the keeping of 14 common household pets such as density of tenants, pet size, potential 15 financial obligations of tenants, and standards of pet care. Such regu- 16 lations may include, but not be limited to, requiring all pet owners to 17 comply with: 18 (a) inoculations and licensing mandated by state and local laws, if 19 applicable; 20 (b) sanitary standards governing the disposal of pet waste; 21 (c) pet restraint in common areas; 22 (d) alternate caretakers in the case of sickness or incapacity of the 23 pet owner; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10289-01-9A. 6435 2 1 (e) any financial responsibilities for the reasonable costs directly 2 attributable to any damage caused by the pet, including the cost of 3 repairs and replacements thereto; and 4 (f) the appeals process for the attempted removal of a pet pursuant to 5 subdivision three of this section. 6 3. Any pet whose conduct or condition is duly determined to constitute 7 a nuisance or a threat to the health or safety of the other occupants of 8 the same project, or of other persons in the community where such 9 project is located, may be removed by the municipal housing authority, 10 public health officer having jurisdiction, or other appropriate authori- 11 ty of the community where such project is located; provided, however, 12 that prior to the removal of any pet, such municipal housing authority, 13 public health officer having jurisdiction, or other appropriate authori- 14 ty of the community, whichever the case may be, must provide the pet 15 owner with a written statement that sets forth the basis for the 16 removal. The pet owner shall be able to appeal such written findings. 17 For purposes of this section a nuisance means the substantial interfer- 18 ence with the health, safety, and comfort of the other tenants of the 19 housing project, or of other persons in the community where such housing 20 project is located. 21 4. Any agreement by a lessee or tenant waiving or modifying the rights 22 contained in this section for the keeping of common household pets by 23 persons sixty years of age or older shall be void as contrary to public 24 policy. 25 5. For the purposes of this section, the term "common household pet" 26 shall include, but not be limited to, a dog, cat, bird, or fish. 27 § 2. This act shall take effect on the first of June in the year next 28 succeeding the year in which it shall have become a law. Effective 29 immediately, the addition, amendment and/or repeal of any rule or regu- 30 lation necessary for the implementation of this act on its effective 31 date are authorized and directed to be made and completed on or before 32 the thirtieth day prior to such effective date.