Allows persons 62 years or older to keep and care for common household pets in municipal housing; prevents eviction of such persons based on the ownership of pets; provides that any pet who poses a nuisance to the community may be removed; does not remove any pet owner from liability for the reasonable costs directly attributable to any damage caused by the pet.
STATE OF NEW YORK
________________________________________________________________________
3117
2011-2012 Regular Sessions
IN SENATE
February 9, 2011
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
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.
LBD00646-01-1
S. 3117 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.
