New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A07283 Summary:

A07283 Actions:

A07283 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:04/25/2017AYE/NAY:13/0  Action: Favorable refer to committee Codes        
Peoples-Stokes
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Benedetto
Aye
Lalor
Aye
Glick
Aye
Byrne
Aye
Kim
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Excused
Hyndman
Aye
Lentol
Aye

Committee:CODES   Chair:Lentol      
DATE:04/25/2017AYE/NAY:19/3  Action: Favorable         
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A07283 Floor Votes:

A07283 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7283
 
SPONSOR: Dilan

 
TITLE OF BILL:
 
An act to amend the executive law, in relation to clarifying that
reasonable accommodation to enable a person with a disability to use and
enjoy a dwelling includes the use of an animal to alleviate the symptoms
or effects of a disability
 
 
PURPOSE OF THE BILL:
 
This bill would amend Executive Law §§ 296.2-a (d)(2) and 296.18(2)
("Human Rights Law") to clarify that a reasonable accommodation to
enable a person with a disability to use and enjoy a dwelling includes
the use of an animal to alleviate the symptoms or effects of a disabili-
ty.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of this bill would amend § 296.2-a (d)(2) of the Human Rights
Law ("HRL"), which covers publicly assisted housing, to clarify that a
reasonable accommodation to enable a person with a disability to use and
enjoy a dwelling includes the use of an animal to alleviate the symptoms
or effects of a disability.
 
Section 2 of this bill would amend HRL § 296.18 (2), which covers
private housing, to clarify that a reasonable accommodation to enable a
person with a disability to use and enjoy a dwelling includes the use of
an animal to alleviate the symptoms or effects of a disability.
 
Section 3 of this bill would make it effective immediately.
 
 
JUSTIFICATION:
 
Under the HRL, it is unlawful to refuse to make reasonable accommo-
dations in rules, policies, practices, or services, when such accommo-
dations may be necessary to afford a person with a disability an equal
opportunity to use and enjoy a dwelling.
 
The Division of Human Rights has found that, in appropriate circum-
stances, permitting a person with a disability to maintain an animal as
a reasonable accommodation is necessary for the person with a disability
to use and enjoy a dwelling. For example, it is reasonable to permit
such an accommodation to a housing provider's "no pets" policy where
medical evidence demonstrates that the animal helps alleviating the
symptoms or effects of an individual's disability.
 
In Kennedy Street Quad, Ltd. v. Nathanson, 62 AD3d 879, 880 (2nd Dept
2009), lv. to appeal denied, 13 N.Y.3d 714 (2009), the Appellate Divi-
sion annulled a determination by the Commissioner of Human Rights that a
cooperative housing corporation had discriminated against two sharehold-
ers, each of whom had disabilities, by seeking to evict them from their
home of thirty years because they maintained a dog on the premises that
aided them with their disabilities. The Appellate Division ruled that
despite evidence from physicians and psychologists demonstrating that
the dog ameliorated symptoms of their disabilities and was helpful to
the individuals with regard to their symptoms, there was still insuffi-
cient evidence that the animal was required in order to use and enjoy
the home. See, similarly, Matter of 105 Northgate Coop. v Donaldson, 54
AD3d 414, 416 (2nd Dept 2008); Matter of One Overlook Ave. Corp. v New
York State Div. of Human Rights, 8 AD3d 286, 287 (2nd Dept 2004).
 
These decisions have negatively impacted the ability of a person with a
disability to receive a reasonable accommodation relative to a housing
provider's policies, as required by HRL §§ 296.2-a (d)(2) and 296.18
(2). This bill would therefore clarify that a person with a disability
may demonstrate that a reasonable accommodation is necessary for the use
and enjoyment of the premises if appropriate medical and other profes-
sional evidence shows that the animal "alleviate(s) the symptoms or
effects of a disability."
 
 
PRIOR LEGISLATIVE HISTORY:
 
This bill passed the Assembly in 2016 (A.9760).
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
Immediately.

A07283 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7283
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 19, 2017
                                       ___________
 
        Introduced by M. of A. DILAN, PEOPLES-STOKES -- (at request of the Divi-
          sion  of  Human  Rights) -- read once and referred to the Committee on
          Governmental Operations
 
        AN ACT to amend the  executive  law,  in  relation  to  clarifying  that
          reasonable  accommodation  to enable a person with a disability to use
          and enjoy a dwelling includes the use of an animal  to  alleviate  the
          symptoms or effects of a disability
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph 2 of  paragraph  (d)  of  subdivision  2-a  of
     2  section  296 of the executive law, as amended by chapter 196 of the laws
     3  of 2010, is amended to read as follows:
     4    (2) To refuse to make reasonable accommodations  in  rules,  policies,
     5  practices,  or  services,  when  such accommodations may be necessary to
     6  afford a person with a disability equal opportunity to use and  enjoy  a
     7  dwelling,  including  the use of an animal as a reasonable accommodation
     8  to alleviate symptoms or effects of a disability, and including  reason-
     9  able modification to common use portions of the dwelling, or
    10    §  2.  Paragraph  2  of subdivision 18 of section 296 of the executive
    11  law, as amended by chapter 196 of the laws of 2010, is amended  to  read
    12  as follows:
    13    (2)  To  refuse  to make reasonable accommodations in rules, policies,
    14  practices, or services, when such accommodations  may  be  necessary  to
    15  afford  said person with a disability equal opportunity to use and enjoy
    16  a dwelling, including the use of an animal as a reasonable accommodation
    17  to alleviate symptoms or effects of a disability, and including  reason-
    18  able modification to common use portions of the dwelling, or
    19    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10111-01-7

A07283 LFIN:

 
NO LFIN