Allows persons 60 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
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6435
2019-2020 Regular Sessions
IN ASSEMBLY
March 7, 2019
___________
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 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.
LBD10289-01-9
A. 6435 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 4. 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 5. 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. Effective
29 immediately, the addition, amendment and/or repeal of any rule or regu-
30 lation necessary for the implementation of this act on its effective
31 date are authorized and directed to be made and completed on or before
32 the thirtieth day prior to such effective date.
