S T A T E   O F   N E W   Y O R K
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                                   188

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PHEFFER, CLARK -- Multi-Sponsored by -- M. of A.
  CAHILL, McENENY, MILLMAN, ORTIZ, SWEENEY,  TOWNS,  WEINSTEIN  --  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:

  Section  1.  The public housing law is amended by adding a new section
223-c to read as follows:
  S 223-C. DISCRIMINATION AGAINST PERSONS  WHO  HAVE  CERTAIN  HOUSEHOLD
PETS.  1.  NO  PERSON  WHO  IS  SIXTY-TWO YEARS OF AGE OR OLDER SHALL BE
DENIED OCCUPANCY IN A DWELLING IN ANY HOUSING PROJECT OR BE SUBJECTED TO
EVICTION FROM ANY SUCH DWELLING ON THE SOLE GROUND THAT SUCH PERSON  HAS
A COMMON HOUSEHOLD PET WHICH WILL OR DOES RESIDE WITH SUCH PERSON THERE-
IN.
  2.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS FOR THE KEEPING OF
COMMON HOUSEHOLD PETS BY PERSONS SIXTY-TWO YEARS OF  AGE  OR  OLDER  WHO
RESIDE  IN  A  DWELLING  IN  ANY  HOUSING  PROJECT. SUCH REGULATIONS MAY
INCLUDE CONSIDERATION, AFTER CONSULTATION WITH THE TENANTS OF SUCH HOUS-
ING PROJECT, OF OTHER REASONABLE FACTORS TO GOVERN THE KEEPING OF COMMON
HOUSEHOLD PETS SUCH AS DENSITY OF TENANTS, PET SIZE, POTENTIAL FINANCIAL
OBLIGATIONS OF TENANTS, AND STANDARDS OF PET CARE. SUCH REGULATIONS  MAY
INCLUDE AND ALL PET OWNERS SHALL COMPLY WITH, THE FOLLOWING IF REQUIRED:
  (A) INOCULATIONS AND LICENSING MANDATED BY STATE AND LOCAL LAWS;
  (B) SANITARY STANDARDS GOVERNING THE DISPOSAL OF PET WASTE;
  (C) LIMITING THE KEEPING OF COMMON HOUSEHOLD PETS TO ONE PER HOUSEHOLD
AT ANY GIVEN TIME;
  (D) PET RESTRAINT IN COMMON AREAS;
  (E) PET REGISTRATION; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01950-01-9
              

A. 188                              2

  (F)  ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF THE
PET OWNER.
  3.  MUNICIPAL  HOUSING  AUTHORITIES MAY PROMULGATE SUPPLEMENTARY RULES
AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION, NOT  INCON-
SISTENT  WITH THE PROVISIONS OF THIS SECTION OR THE COMMISSIONER'S REGU-
LATIONS.
  4. ANY PET WHOSE CONDUCT OR CONDITION IS DULY DETERMINED TO CONSTITUTE
A NUISANCE OR A THREAT TO THE HEALTH OR SAFETY OF THE OTHER OCCUPANTS OF
SUCH HOUSING PROJECT, OR OF OTHER PERSONS IN THE  COMMUNITY  WHERE  SUCH
HOUSING  PROJECT  IS  LOCATED,  MAY  BE REMOVED BY THE MUNICIPAL HOUSING
AUTHORITY, PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRI-
ATE AUTHORITY OF THE COMMUNITY WHERE SUCH HOUSING  PROJECT  IS  LOCATED.
FOR  PURPOSES OF THIS SECTION A NUISANCE MEANS THE SUBSTANTIAL INTERFER-
ENCE WITH THE HEALTH, SAFETY, AND COMFORT OF THE OTHER  TENANTS  OF  THE
HOUSING PROJECT, OR OF OTHER PERSONS IN THE COMMUNITY WHERE SUCH HOUSING
PROJECT IS LOCATED.
  5.  NOTHING  IN THIS SECTION RELIEVES ANY PET OWNER FROM LIABILITY FOR
THE REASONABLE COSTS DIRECTLY ATTRIBUTABLE TO ANY DAMAGE CAUSED  BY  THE
PET, INCLUDING THE COST OF REPAIRS AND REPLACEMENTS THERETO.
  6. ANY AGREEMENT BY A LESSEE OR TENANT WAIVING OR MODIFYING THE RIGHTS
CONTAINED  IN  THIS  SECTION FOR THE KEEPING OF COMMON HOUSEHOLD PETS BY
PERSONS SIXTY-TWO YEARS OF AGE OR OLDER SHALL BE  VOID  AS  CONTRARY  TO
PUBLIC POLICY.
  7.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "COMMON HOUSEHOLD PET"
SHALL INCLUDE A DOG, CAT, GERBIL, HAMSTER, GUINEA PIG, BIRD, OR FISH.
  S 2. This act shall take effect on the first of June in the year  next
succeeding  the  year in which it shall have become a law; provided that
any regulations required for the implementation of  this  act  shall  be
promulgated at least 30 days prior to such effective date.