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A06842 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6842
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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    § 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    §  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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