Bill Text: NY A03902 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 3902 (Prior Session Legislation)

Introduced

Bill Title: Prohibits clauses in residential leases requiring the declawing of animals; any person, firm or corporation who violates such provisions is guilty of a violation.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2014-02-27 - advanced to third reading cal.471 [A03902 Detail]

Download: New_York-2013-A03902-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3902
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced  by  M. of A. GLICK, COLTON -- Multi-Sponsored by -- M. of A.
         GOTTFRIED -- read once and referred to the Committee on Judiciary
       AN ACT to amend the real property law, in relation to prohibiting claus-
         es in leases requiring the declawing of animals
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  real property law is amended by adding a new section
    2  235-h to read as follows:
    3    S 235-H. LEASE PROVISIONS RELATED TO DECLAWING ANIMALS; PROHIBITED. 1.
    4  ANY PERSON, FIRM OR CORPORATION OWNING OR HAVING IN CHARGE ANY APARTMENT
    5  HOUSE, TENEMENT HOUSE OR OTHER BUILDING OR MOBILE  HOME  PARK  USED  FOR
    6  DWELLING  PURPOSES  WHO  SHALL,  IN ANY LEASE OF ANY OR PART OF ANY SUCH
    7  BUILDING OR MOBILE HOME PARK, HAVE  A  CLAUSE  THEREIN  REQUIRING  AS  A
    8  RESTRICTION TO OCCUPANCY THE DECLAWING OF ANY ANIMAL, SHALL BE GUILTY OF
    9  A VIOLATION.
   10    2. FOR PURPOSES OF THIS SECTION:
   11    (A)  "DECLAWING"  MEANS  PERFORMING,  PROCURING,  OR ARRANGING FOR ANY
   12  NON-THERAPEUTIC SURGICAL PROCEDURE, SUCH AS  ONYCHECTOMY,  TENDONECTOMY,
   13  OR  PHALANGECTOMY,  TO  REMOVE  OR  TO PREVENT THE NORMAL FUNCTION OF AN
   14  ANIMAL'S CLAW OR CLAWS; AND
   15    (B) "NON-THERAPEUTIC" MEANS A SURGICAL  PROCEDURE  THAT  IS  PERFORMED
   16  WITHOUT THERE BEING A MEDICAL NECESSITY TO ADDRESS THE MEDICAL CONDITION
   17  OF  AN  ANIMAL,  SUCH  AS  AN  EXISTING OR RECURRING ILLNESS, INFECTION,
   18  DISEASE, INJURY, OR ABNORMAL CONDITION  THAT  COMPROMISES  THE  ANIMAL'S
   19  HEALTH.
   20    S  2.  This  act  shall take effect on the sixtieth day after it shall
   21  have become a law and shall apply to all leases entered into on or after
   22  such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04551-01-3