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A06842 Text:

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

                                         6842

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     April 6, 2015
                                      ___________

       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-two 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    S 223-C. DISCRIMINATION AGAINST PERSONS  WHO  HAVE  CERTAIN  HOUSEHOLD
    4  PETS.  1.  NO  PERSON  WHO  IS  SIXTY-TWO YEARS OF AGE OR OLDER SHALL BE
    5  DENIED 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.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS FOR THE KEEPING OF
   10  COMMON HOUSEHOLD PETS BY PERSONS SIXTY-TWO YEARS OF  AGE  OR  OLDER  WHO
   11  RESIDE  IN  A  DWELLING  IN  ANY  HOUSING  PROJECT. SUCH REGULATIONS MAY
   12  INCLUDE CONSIDERATION, AFTER CONSULTATION WITH THE TENANTS OF SUCH HOUS-
   13  ING PROJECT, OF OTHER REASONABLE FACTORS TO GOVERN THE KEEPING OF COMMON
   14  HOUSEHOLD PETS SUCH AS DENSITY OF TENANTS, PET SIZE, POTENTIAL FINANCIAL
   15  OBLIGATIONS OF TENANTS, AND STANDARDS OF PET CARE. SUCH REGULATIONS  MAY
   16  INCLUDE AND ALL PET OWNERS SHALL COMPLY WITH, THE FOLLOWING IF REQUIRED:
   17    (A) INOCULATIONS AND LICENSING MANDATED BY STATE AND LOCAL LAWS;
   18    (B) SANITARY STANDARDS GOVERNING THE DISPOSAL OF PET WASTE;
   19    (C) LIMITING THE KEEPING OF COMMON HOUSEHOLD PETS TO ONE PER HOUSEHOLD
   20  AT ANY GIVEN TIME;
   21    (D) PET RESTRAINT IN COMMON AREAS;
   22    (E) PET REGISTRATION; AND
   23    (F)  ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF THE
   24  PET OWNER.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05764-01-5
       A. 6842                             2

    1    3. MUNICIPAL HOUSING AUTHORITIES MAY  PROMULGATE  SUPPLEMENTARY  RULES
    2  AND  REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION, NOT INCON-
    3  SISTENT WITH THE PROVISIONS OF THIS SECTION OR THE COMMISSIONER'S  REGU-
    4  LATIONS.
    5    4. ANY PET WHOSE CONDUCT OR CONDITION IS DULY DETERMINED TO CONSTITUTE
    6  A NUISANCE OR A THREAT TO THE HEALTH OR SAFETY OF THE OTHER OCCUPANTS OF
    7  SUCH  HOUSING  PROJECT,  OR OF OTHER PERSONS IN THE COMMUNITY WHERE SUCH
    8  HOUSING PROJECT IS LOCATED, MAY BE  REMOVED  BY  THE  MUNICIPAL  HOUSING
    9  AUTHORITY, PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRI-
   10  ATE  AUTHORITY  OF  THE COMMUNITY WHERE SUCH HOUSING PROJECT IS LOCATED.
   11  FOR PURPOSES OF THIS SECTION A NUISANCE MEANS THE SUBSTANTIAL  INTERFER-
   12  ENCE  WITH  THE  HEALTH, SAFETY, AND COMFORT OF THE OTHER TENANTS OF THE
   13  HOUSING PROJECT, OR OF OTHER PERSONS IN THE COMMUNITY WHERE SUCH HOUSING
   14  PROJECT IS LOCATED.
   15    5. NOTHING IN THIS SECTION RELIEVES ANY PET OWNER FROM  LIABILITY  FOR
   16  THE  REASONABLE  COSTS DIRECTLY ATTRIBUTABLE TO ANY DAMAGE CAUSED BY THE
   17  PET, INCLUDING THE COST OF REPAIRS AND REPLACEMENTS THERETO.
   18    6. ANY AGREEMENT BY A LESSEE OR TENANT WAIVING OR MODIFYING THE RIGHTS
   19  CONTAINED IN THIS SECTION FOR THE KEEPING OF COMMON  HOUSEHOLD  PETS  BY
   20  PERSONS  SIXTY-TWO  YEARS  OF  AGE OR OLDER SHALL BE VOID AS CONTRARY TO
   21  PUBLIC POLICY.
   22    7. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMON  HOUSEHOLD  PET"
   23  SHALL INCLUDE A DOG, CAT, GERBIL, HAMSTER, GUINEA PIG, BIRD, OR FISH.
   24    S  2. This act shall take effect on the first of June in the year next
   25  succeeding the year in which it shall have become a law;  provided  that
   26  any  regulations  required  for  the implementation of this act shall be
   27  promulgated at least 30 days prior to such effective date.
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