STATE OF NEW YORK ________________________________________________________________________ 3464--A 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Insurance -- recommitted to the Committee on Insurance in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the insurance law, in relation to prohibiting insurers from cancelling, refusing to issue or renew homeowner's insurance and renters insurance based on the breed of dog owned The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The insurance law is amended by adding a new section 3421 2 to read as follows: 3 § 3421. Homeowner's liability insurance and renters insurance; dogs. 4 No insurer issuing a policy or contract insuring against liability for 5 injury to any person, or injury to or destruction of property arising 6 out of ownership or lease of residential one, two, three or four dwell- 7 ing real property, including renters insurance, shall refuse to issue, 8 renew or cancel for such a policy or contract based, in whole or in 9 part, upon the harboring of any specific breed or breeds of dog or dogs 10 upon such real property or rental. The rates for that portion of any 11 such policy or contract which insures against liability for injury to 12 any person, or injury to or destruction of property shall be based on 13 sound underwriting and actuarial principles. However, if any such dog 14 has been designated as a dangerous dog pursuant to section one hundred 15 twenty-three of the agriculture and markets law, the provisions of this 16 section shall in no manner prohibit an insurer from refusing to issue or 17 renew or from cancelling any such contract or policy, nor from imposing 18 an increased premium or rate for such a policy or contract based on 19 sound underwriting and actuarial principles reasonably related to actual 20 or anticipated loss experience subject to the applicable provisions of 21 section three thousand four hundred twenty-five of this article. 22 § 2. This act shall take effect immediately and shall apply to all 23 policies issued, renewed, modified, altered or amended on or after such 24 date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05428-02-8