Bill Text: NY S00793 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 793 (Prior Session Legislation)

Introduced

Bill Title: Allows persons 60 years or older to keep and care for common household pets in buildings operated by the New York city housing authority; 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2018-03-22 - referred to housing [S00793 Detail]

Download: New_York-2017-S00793-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           793
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- 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  years of age or older in
          buildings operated by the New York city housing authority
          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  in New York city housing authority buildings.  1. No person who is
     5  sixty years of age or older shall be denied occupancy in a  dwelling  in
     6  any  housing  project operated by the New York city housing authority or
     7  be subjected to eviction from any such dwelling on the sole ground  that
     8  such  person  has  a common household pet which will or does reside with
     9  such person therein.
    10    2. The New York city housing authority  shall  promulgate  regulations
    11  for  the  keeping of common household pets by persons sixty years of age
    12  or older who reside in a dwelling in housing operated by such authority.
    13  Such regulations may include consideration, after consultation with  the
    14  tenants  of  such housing project, of other reasonable factors to govern
    15  the keeping of common household pets such as  density  of  tenants,  pet
    16  size,  breed,  potential financial obligations of tenants, and standards
    17  of pet care. Such regulations  may  include,  but  not  be  limited  to,
    18  requiring all pet owners to comply with:
    19    (a)  inoculations  and  licensing mandated by state and local laws, if
    20  applicable;
    21    (b) sanitary standards governing the disposal of pet waste;
    22    (c) pet restraint in common areas;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00020-01-7

        S. 793                              2
     1    (d) alternate caretakers in the case of sickness or incapacity of  the
     2  pet owner;
     3    (e)  any  financial responsibilities for the reasonable costs directly
     4  attributable to any damage caused by the  pet,  including  the  cost  of
     5  repairs and replacements thereto; and
     6    (f) the appeals process for the attempted removal of a pet pursuant to
     7  subdivision three of this section.
     8    3. Any pet whose conduct or condition is duly determined to constitute
     9  a nuisance or a threat to the health or safety of the other occupants of
    10  the  same  project,  or  of  other  persons  in the community where such
    11  project is located, may be removed by the New York city housing authori-
    12  ty, public health  officer  having  jurisdiction  or  other  appropriate
    13  authority  of  the  community  where  such project is located; provided,
    14  however, that prior to the removal of any pet, the New York city housing
    15  authority, public health officer having jurisdiction or other  appropri-
    16  ate  authority of the community, whichever the case may be, must provide
    17  the pet owner with a written statement that sets forth the basis for the
    18  removal. The pet owner shall be able to appeal  such  written  findings.
    19  For  purposes of this section a nuisance means the substantial interfer-
    20  ence with the health, safety and comfort of the  other  tenants  of  the
    21  housing project, or of other persons in the community where such housing
    22  project is located.
    23    4. Any agreement by a lessee or tenant waiving or modifying the rights
    24  contained  in  this  section for the keeping of common household pets by
    25  persons sixty years of age or older shall be void as contrary to  public
    26  policy.
    27    5.  For  the purposes of this section, the term "common household pet"
    28  shall include, but not be limited to, a dog, cat, bird or fish.
    29    § 2. This act shall take effect on the first of June in the year  next
    30  succeeding  the  year  in  which  it  shall have become a law; provided,
    31  however, that effective immediately, any regulations necessary  for  the
    32  implementation of this act are authorized and directed to be promulgated
    33  at least 30 days prior to such effective date.