NY State Senate Bill 2015-S3551B

Senate Bill S3551B

2015-2016 Legislative Session

Allows persons 60 years or older in buildings operated by the New York city housing authority to keep common household pets

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	referred to housing delivered to assembly passed senate
Jun 01, 2016	amended on third reading (t) 3551b
May 11, 2016	advanced to third reading
May 10, 2016	2nd report cal.
May 09, 2016	1st report cal.716
Feb 29, 2016	print number 3551a
Feb 29, 2016	amend (t) and recommit to housing, construction and community development
Jan 06, 2016	referred to housing, construction and community development
Feb 12, 2015	referred to housing, construction and community development

Votes

- Jun 15, 2016 - Floor Vote
  S3551B
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Gallivan
      
      excused (1)
      
      Diaz
  May 9, 2016 - Housing, Construction And Community Development Committee Vote
  S3551B
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: May 9, 2016
      
      aye (8)
      
      Avella
      
      Bonacic
      
      Boyle
      
      Espaillat
      
      Krueger
      
      Little
      
      Panepinto
      
      Young
      
      aye wr (1)
      
      Gallivan

Bill Amendments

Original

B (Active)

2015-S3551 - Details

Current Committee:: Assembly Housing
Law Section:: Public Housing Law
Laws Affected:: Add §223-c, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3117
2013-2014: S1824
2017-2018: S793

2015-S3551 - Summary

Allows persons 60 years or older to keep and care for common household pets in building 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.

2015-S3551 - Sponsor Memo

                                BILL NUMBER:S3551

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

To provide that persons 62 years of age or older be allowed to care
for a common household pet and not be denied occupancy in municipal
housing.

SUMMARY OF SPECIFIC PROVISIONS:

The public housing law is amended by adding a new section 223-c to
provide that: 1) no person 62 years of age or older may be denied
municipal housing on the grounds that such person has a common
household pet; 2) such person must comply with regulations governing
the keeping of such pets, including waste disposal, registration,
inoculations, providing for alternate caretakers, among others; 3) any
pet who poses a nuisance to the community may be removed; 4) the owner
will not be financially responsible for any reasonable repair or
replacement costs attributable to the pet.

JUSTIFICATION:

Medical studies have clearly demonstrated the health benefits, both
physical and emotional, that pets provide elderly persons and the
serious health problems that such persons could develop if the pets
are removed. Clearly, the mental and physical well-being of elderly
persons should not be placed in jeopardy merely because they have
pets. New York State presently puts elderly persons in the difficult
position of either being denied occupancy because they own a pet (a
denial which only comes after months of waiting by the senior citizen
for public housing) or, after living in public housing for some time
with the pet, being threatened with eviction lest they give up the
pet. This is due to the public housing authorities' unwillingness to
allow our senior citizens to keep pets.

Elderly people, often living alone, should not be denied the
companionship of an animal and the added security that an animal can
provide them, particularly during these times when violent crimes are
increasing.

Thousands of strays and unwanted animals for whom responsible homes
cannot be found are euthanized by shelters throughout New York State
each year.

This legislation is consistent with federal regulations for federally
assisted housing for the elderly stating that discrimination against
elderly pet owners is illegal.

PRIOR LEGISLATIVE HISTORY:

2009-2010: A.188- Referred to Housing
2007-2006: A.160- Referred to Housing


2005-2006: A.580- Referred to Housing

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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.

2015-S3551 - Bill Text download pdf

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

                                  3551

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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-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
  (F) ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF  THE
PET OWNER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05764-01-5

S. 3551                             2

  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.

2015-S3551A - Details

Current Committee:: Assembly Housing
Law Section:: Public Housing Law
Laws Affected:: Add §223-c, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3117
2013-2014: S1824
2017-2018: S793

2015-S3551A - Summary

2015-S3551A - Sponsor Memo

                                 BILL NUMBER:  S3551A

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To provide that persons 62 years of age or older be allowed to care
for a common household pet and not be denied occupancy in municipal
housing.

 SUMMARY OF SPECIFIC PROVISIONS :

The public housing law is amended by adding a new section 223-c to
provide that: 1) no person 62 years of age or older may be denied
municipal housing on the grounds that such person has a common
household pet; 2) such person must comply with regulations governing
the keeping of such pets, including waste disposal, registration,
inoculations, providing for alternate caretakers, among others; 3) any
pet who poses a nuisance to the community may be removed; 4) the owner
will not be financially responsible for any reasonable repair or
replacement costs attributable to the pet.

 JUSTIFICATION :

Medical studies have clearly demonstrated the health benefits, both
physical and emotional, that pets provide elderly persons and the
serious health problems that such persons could develop if the pets
are removed. Clearly, the mental and physical well-being of elderly
persons should not be placed in jeopardy merely because they have
pets. New York State presently puts elderly persons in the difficult
position of either being denied occupancy because they own a pet (a
denial which only comes after months of waiting by the senior citizen
for public housing) or, after living in public housing for some time
with the pet, being threatened with eviction lest they give up the
pet. This is due to the public housing authorities' unwillingness to
allow our senior citizens to keep pets.

Elderly people, often living alone, should not be denied the
companionship of an animal and the added security that an animal can
provide them, particularly during these times when violent crimes are
increasing.

Thousands of strays and unwanted animals for whom responsible homes
cannot be found are euthanized by shelters throughout New York State
each year.

This legislation is consistent with federal regulations for federally
assisted housing for the elderly stating that discrimination against
elderly pet owners is illegal.

 PRIOR LEGISLATIVE HISTORY :

2009-2010: A.188 - Referred to Housing
2007-2006: A.160 - Referred to Housing
2005-2006: A.580 - Referred to Housing

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
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.

2015-S3551A - Bill Text download pdf

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

                                 3551--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development -- recommitted  to  the  Committee  on  Housing,
  Construction  and Community Development in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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

  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 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. ALL MUNICIPAL HOUSING AUTHORITIES SHALL PROMULGATE REGULATIONS  FOR
THE  KEEPING  OF  COMMON HOUSEHOLD PETS BY PERSONS SIXTY 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
HOUSING 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  REGU-
LATIONS  MAY INCLUDE, BUT NOT BE LIMITED TO, REQUIRING ALL PET OWNERS TO
COMPLY WITH:
  (A) INOCULATIONS AND LICENSING MANDATED BY STATE AND  LOCAL  LAWS,  IF
APPLICABLE;
  (B) SANITARY STANDARDS GOVERNING THE DISPOSAL OF PET WASTE;
  (C) PET RESTRAINT IN COMMON AREAS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05764-03-6

S. 3551--A                          2

  (D)  ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF THE
PET OWNER;
  (E)  ANY  FINANCIAL RESPONSIBILITIES FOR THE REASONABLE COSTS DIRECTLY
ATTRIBUTABLE TO ANY DAMAGE CAUSED BY THE  PET,  INCLUDING  THE  COST  OF
REPAIRS AND REPLACEMENTS THERETO; AND
  (F) THE APPEALS PROCESS FOR THE ATTEMPTED REMOVAL OF A PET PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
  3. 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
THE  SAME  PROJECT,  OR  OF  OTHER  PERSONS  IN THE COMMUNITY WHERE SUCH
PROJECT IS LOCATED, MAY BE REMOVED BY THE MUNICIPAL  HOUSING  AUTHORITY,
PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRIATE AUTHORI-
TY  OF  THE  COMMUNITY WHERE SUCH PROJECT IS LOCATED; PROVIDED, HOWEVER,
THAT PRIOR TO THE REMOVAL OF ANY PET, SUCH MUNICIPAL HOUSING  AUTHORITY,
PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRIATE AUTHORI-
TY  OF  THE  COMMUNITY,  WHICHEVER THE CASE MAY BE, MUST PROVIDE THE PET
OWNER WITH A WRITTEN  STATEMENT  THAT  SETS  FORTH  THE  BASIS  FOR  THE
REMOVAL.  THE  PET  OWNER SHALL BE ABLE TO APPEAL SUCH WRITTEN FINDINGS.
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. 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 YEARS OF AGE OR OLDER SHALL BE VOID AS CONTRARY TO PUBLIC
POLICY.
  6. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMON  HOUSEHOLD  PET"
SHALL INCLUDE, BUT NOT BE LIMITED TO, A DOG, CAT, 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.

2015-S3551B (ACTIVE) - Details

Current Committee:: Assembly Housing
Law Section:: Public Housing Law
Laws Affected:: Add §223-c, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3117
2013-2014: S1824
2017-2018: S793

2015-S3551B (ACTIVE) - Summary

2015-S3551B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3551B

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To provide that persons 62 years of age or older be allowed to care
for a common household pet and not be denied occupancy in municipal
housing.

 SUMMARY OF SPECIFIC PROVISIONS :

The public housing law is amended by adding a new section 223-c to
provide that: 1) no person 62 years of age or older may be denied
municipal housing on the grounds that such person has a common
household pet; 2) such person must comply with regulations governing
the keeping of such pets, including waste disposal, registration,
inoculations, providing for alternate caretakers, among others; 3) any
pet who poses a nuisance to the community may be removed; 4) the owner
will not be financially responsible for any reasonable repair or
replacement costs attributable to the pet.

 JUSTIFICATION :

Medical studies have clearly demonstrated the health benefits, both
physical and emotional, that pets provide elderly persons and the
serious health problems that such persons could develop if the pets
are removed. Clearly, the mental and physical well-being of elderly
persons should not be placed in jeopardy merely because they have
pets. New York State presently puts elderly persons in the difficult
position of either being denied occupancy because they own a pet (a
denial which only comes after months of waiting by the senior citizen
for public housing) or, after living in public housing for some time
with the pet, being threatened with eviction lest they give up the
pet. This is due to the public housing authorities' unwillingness to
allow our senior citizens to keep pets.

Elderly people, often living alone, should not be denied the
companionship of an animal and the added security that an animal can
provide them, particularly during these times when violent crimes are
increasing.

Thousands of strays and unwanted animals for whom responsible homes
cannot be found are euthanized by shelters throughout New York State
each year.

This legislation is consistent with federal regulations for federally
assisted housing for the elderly stating that discrimination against
elderly pet owners is illegal.

 PRIOR LEGISLATIVE HISTORY :

2009-2010: A.188 - Referred to Housing

2007-2006: A.160 - Referred to Housing

2005-2006: A.580 - Referred to Housing

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
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.

2015-S3551B (ACTIVE) - Bill Text download pdf

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

                                 3551--B
    Cal. No. 716

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development -- recommitted  to  the  Committee  on  Housing,
  Construction  and Community Development in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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:

  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 IN NEW YORK CITY HOUSING AUTHORITY BUILDINGS.  1. NO PERSON WHO  IS
SIXTY  YEARS  OF AGE OR OLDER SHALL BE DENIED OCCUPANCY IN A DWELLING IN
ANY HOUSING PROJECT OPERATED BY THE NEW YORK CITY HOUSING  AUTHORITY  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 THEREIN.
  2.  THE  NEW  YORK CITY HOUSING AUTHORITY SHALL PROMULGATE REGULATIONS
FOR THE KEEPING OF COMMON HOUSEHOLD PETS BY PERSONS SIXTY YEARS  OF  AGE
OR OLDER WHO RESIDE IN A DWELLING IN HOUSING OPERATED BY SUCH AUTHORITY.
SUCH  REGULATIONS MAY INCLUDE CONSIDERATION, AFTER CONSULTATION WITH THE
TENANTS OF SUCH HOUSING PROJECT, OF OTHER REASONABLE FACTORS  TO  GOVERN
THE  KEEPING  OF  COMMON  HOUSEHOLD PETS SUCH AS DENSITY OF TENANTS, PET
SIZE, BREED, POTENTIAL FINANCIAL OBLIGATIONS OF TENANTS,  AND  STANDARDS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05764-06-6

S. 3551--B                          2

OF  PET  CARE.  SUCH  REGULATIONS  MAY  INCLUDE,  BUT NOT BE LIMITED TO,
REQUIRING ALL PET OWNERS TO COMPLY WITH:
  (A)  INOCULATIONS  AND  LICENSING MANDATED BY STATE AND LOCAL LAWS, IF
APPLICABLE;
  (B) SANITARY STANDARDS GOVERNING THE DISPOSAL OF PET WASTE;
  (C) PET RESTRAINT IN COMMON AREAS;
  (D) ALTERNATE CARETAKERS IN THE CASE OF SICKNESS OR INCAPACITY OF  THE
PET OWNER;
  (E)  ANY  FINANCIAL RESPONSIBILITIES FOR THE REASONABLE COSTS DIRECTLY
ATTRIBUTABLE TO ANY DAMAGE CAUSED BY THE  PET,  INCLUDING  THE  COST  OF
REPAIRS AND REPLACEMENTS THERETO; AND
  (F) THE APPEALS PROCESS FOR THE ATTEMPTED REMOVAL OF A PET PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
  3. 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
THE  SAME  PROJECT,  OR  OF  OTHER  PERSONS  IN THE COMMUNITY WHERE SUCH
PROJECT IS LOCATED, MAY BE REMOVED BY THE NEW YORK CITY HOUSING AUTHORI-
TY, PUBLIC HEALTH OFFICER  HAVING  JURISDICTION,  OR  OTHER  APPROPRIATE
AUTHORITY  OF  THE  COMMUNITY  WHERE  SUCH PROJECT IS LOCATED; PROVIDED,
HOWEVER, THAT PRIOR TO THE REMOVAL OF ANY PET, THE NEW YORK CITY HOUSING
AUTHORITY, PUBLIC HEALTH OFFICER HAVING JURISDICTION, OR OTHER APPROPRI-
ATE AUTHORITY OF THE COMMUNITY, WHICHEVER THE CASE MAY BE, MUST  PROVIDE
THE PET OWNER WITH A WRITTEN STATEMENT THAT SETS FORTH THE BASIS FOR THE
REMOVAL.  THE  PET  OWNER SHALL BE ABLE TO APPEAL SUCH WRITTEN FINDINGS.
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.
  4. 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 YEARS OF AGE OR OLDER SHALL BE VOID AS CONTRARY TO PUBLIC
POLICY.
  5. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMON  HOUSEHOLD  PET"
SHALL INCLUDE, BUT NOT BE LIMITED TO, A DOG, CAT, 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.

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