Bill Text: NY S03179 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that no person 62 years of age or older shall be denied occupancy in multiple dwellings, nor shall such tenant be evicted from a multiple dwelling on the sole ground that he or she owns or keeps a common household pet or pets, the harboring of which is not prohibited by the multiple dwelling law or other applicable law, unless the pet causes damage to the subject premises, creates a nuisance or interferes substantially with the health, safety or welfare of other tenants or occupants of the same or adjacent building or structure.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO JUDICIARY [S03179 Detail]

Download: New_York-2009-S03179-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3179
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 12, 2009
                                      ___________
       Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the real property law,  in  relation  to  discrimination
         against certain tenants who own or keep pets
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The legislature hereby finds  that  pet
    2  companionship  has  a  beneficial impact on the pet owner's physical and
    3  mental health and numerous studies have demonstrated that  senior  citi-
    4  zens with pets live longer, visit the doctor less often and recover more
    5  quickly  from  illnesses. There exists a significant public interest and
    6  purpose in preserving and enhancing the quality of life of  the  state's
    7  senior  citizens. Such persons should not be compelled to choose between
    8  remaining in their home  and  having  the  therapeutic  benefit  of  pet
    9  companionship.  The  shortage  of  affordable  housing  across the state
   10  offers such persons few housing options if forced to leave  their  homes
   11  due  to  their  need  for pet companionship. Eviction of senior citizens
   12  from multiple dwellings due to pet ownership is harmful  to  the  public
   13  welfare.
   14    S 2. The real property law is amended by adding a new section 237-b to
   15  read as follows:
   16    S  237-B.  DISCRIMINATION  AGAINST  PERSONS WHO HAVE CERTAIN HOUSEHOLD
   17  PETS. NO PERSON SIXTY-TWO YEARS OF AGE OR OLDER SHALL BE DENIED OCCUPAN-
   18  CY IN A MULTIPLE DWELLING OR BE SUBJECT TO EVICTION FROM ANY SUCH DWELL-
   19  ING ON THE SOLE GROUND THAT SUCH PERSON OWNS OR KEEPS A COMMON HOUSEHOLD
   20  PET OR PETS, THE HARBORING OF WHICH IS NOT PROHIBITED  BY  THE  MULTIPLE
   21  DWELLING  LAW  OR ANY OTHER APPLICABLE LAW. THIS SECTION SHALL NOT APPLY
   22  WHERE THE HARBORING OF A COMMON  HOUSEHOLD  PET  CAUSES  DAMAGE  TO  THE
   23  SUBJECT  PREMISES,  CREATES  A NUISANCE OR INTERFERES SUBSTANTIALLY WITH
   24  THE HEALTH, SAFETY OR WELFARE OF OTHER TENANTS OR OCCUPANTS OF THE  SAME
   25  OR ADJACENT BUILDING OR STRUCTURE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04531-01-9
       S. 3179                             2
    1    THE  OWNER OF THE MULTIPLE DWELLING MAY ESTABLISH REASONABLE RULES FOR
    2  THE CARE AND HANDLING OF COMMON HOUSEHOLD PETS AS PROVIDED FOR  IN  THIS
    3  SECTION. SUCH RULES MAY INCLUDE THE FOLLOWING:
    4    (1)  REQUIRING  PETS TO BE RESTRAINED ON LEASHES OR IN CARRIERS IN THE
    5  CUSTODY AND CARE OF A RESPONSIBLE HUMAN COMPANION IN ALL COMMON AREAS OF
    6  THE PREMISES;
    7    (2) REQUIRING THE DISPOSAL OF ANIMAL WASTES  IN  A  MANNER  REASONABLY
    8  SPECIFIED IN THE RULES;
    9    (3) REQUIRING THE USE OF REASONABLY DESIGNATED ELEVATORS WHEN ACCOMPA-
   10  NIED BY PETS;
   11    (4)  REQUIRING  COMPLIANCE  WITH  APPLICABLE  STATE  AND LOCAL HEALTH,
   12  ANIMAL CONTROL, AND ANIMAL ANTI-CRUELTY LAWS AND REGULATIONS.
   13    NOTHING CONTAINED IN THIS SECTION OR  RULES  PROMULGATED  PURSUANT  TO
   14  THIS  SECTION,  SHALL  LIMIT OR RESTRICT RIGHTS GRANTED TO PERSONS UNDER
   15  THEIR LEASES OR UNDER ANY  OTHER  LAW  OR  ORDINANCE.  NOTHING  IN  THIS
   16  SECTION  SHALL  BE  CONSTRUED  TO  LIMIT OR RESTRICT A MUNICIPALITY FROM
   17  ENACTING OR AMENDING LOCAL LAWS OR ORDINANCES GRANTING ADDITIONAL RIGHTS
   18  TO KEEP PETS, PROVIDED, HOWEVER, THAT NO SUCH  LAW  OR  ORDINANCE  SHALL
   19  DIMINISH ANY RIGHTS GRANTED BY THIS SECTION.
   20    S 3. This act shall take effect immediately.