S T A T E O F N E W Y O R K ________________________________________________________________________ 1843 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. GIBSON -- Multi-Sponsored by -- M. of A. COLTON, GLICK, HOOPER, MILLMAN, STEVENSON -- 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 S 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02064-01-3 A. 1843 2 1 (F) ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF THE 2 PET OWNER. 3 3. MUNICIPAL HOUSING AUTHORITIES MAY PROMULGATE SUPPLEMENTARY RULES 4 AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION, NOT INCON- 5 SISTENT WITH THE PROVISIONS OF THIS SECTION OR THE COMMISSIONER'S REGU- 6 LATIONS. 7 4. ANY PET WHOSE CONDUCT OR CONDITION IS DULY DETERMINED TO CONSTITUTE 8 A NUISANCE OR A THREAT TO THE HEALTH OR SAFETY OF THE OTHER OCCUPANTS OF 9 SUCH HOUSING PROJECT, OR OF OTHER PERSONS IN THE COMMUNITY WHERE SUCH 10 HOUSING PROJECT IS LOCATED, MAY BE REMOVED BY THE MUNICIPAL HOUSING 11 AUTHORITY, PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRI- 12 ATE AUTHORITY OF THE COMMUNITY WHERE SUCH HOUSING PROJECT IS LOCATED. 13 FOR PURPOSES OF THIS SECTION A NUISANCE MEANS THE SUBSTANTIAL INTERFER- 14 ENCE WITH THE HEALTH, SAFETY, AND COMFORT OF THE OTHER TENANTS OF THE 15 HOUSING PROJECT, OR OF OTHER PERSONS IN THE COMMUNITY WHERE SUCH HOUSING 16 PROJECT IS LOCATED. 17 5. NOTHING IN THIS SECTION RELIEVES ANY PET OWNER FROM LIABILITY FOR 18 THE REASONABLE COSTS DIRECTLY ATTRIBUTABLE TO ANY DAMAGE CAUSED BY THE 19 PET, INCLUDING THE COST OF REPAIRS AND REPLACEMENTS THERETO. 20 6. ANY AGREEMENT BY A LESSEE OR TENANT WAIVING OR MODIFYING THE RIGHTS 21 CONTAINED IN THIS SECTION FOR THE KEEPING OF COMMON HOUSEHOLD PETS BY 22 PERSONS SIXTY-TWO YEARS OF AGE OR OLDER SHALL BE VOID AS CONTRARY TO 23 PUBLIC POLICY. 24 7. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMON HOUSEHOLD PET" 25 SHALL INCLUDE A DOG, CAT, GERBIL, HAMSTER, GUINEA PIG, BIRD, OR FISH. 26 S 2. This act shall take effect on the first of June in the year next 27 succeeding the year in which it shall have become a law; provided that 28 any regulations required for the implementation of this act shall be 29 promulgated at least 30 days prior to such effective date.