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A06842 Text:



 
                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.
                                                                   LBD05764-02-6

        A. 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.
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