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STATE OF NEW YORK ________________________________________________________________________ 6842--A 2015-2016 Regular Sessions IN ASSEMBLY April 6, 2015 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Housing -- recommitted to the Committee on Housing in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD05764-02-6A. 6842--A 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 5. 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 6. 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; provided that 29 any regulations required for the implementation of this act shall be 30 promulgated at least 30 days prior to such effective date.