NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2065A
SPONSOR: Zebrowski (MS) TITLE OF BILL: An act to amend the public housing law and the real
property law, in relation to discrimination against owners of specific
breeds of dog
PURPOSE OF THE BILL:
This bill will prohibit certain housing organizations from discriminat-
ing against ownership of dogs based on the dog's breed, size or weight.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 223-c of the public housing law
as it relates to prohibiting public housing authorities from restricting
a person occupancy based on a person's ownership of a dog of a specific
breed, size or weight. It will not restrict a public housing authority's
right to impose reasonable restrictions on the ownership of dogs,
regardless of their breed, size, or weight. They would be able to
restrict the ownership of dogs classified as "dangerous dogs."
Section 2 of the bill adds a new section 238-a of the real property law
as it relates to prohibiting landlords from prohibiting a person occu-
pancy based on a person's ownership of a dog of a specific breed, size
or weight. It will not restrict a landlord's right to impose reasonable
restrictions on the ownership of dogs, regardless of their breed, size,
or weight. They would be able to restrict the ownership of dogs classi-
fied as "dangerous dogs."
Section 3 of the bill relates to the effective date.
JUSTIFICATION:
Many housing organizations have banned ownership of dogs of specific
breeds, size or weight causing hardship on families. These types of
discriminatory policies reduce housing opportunities for families, limit
the adoption of certain breeds such as pit bulls and further the nega-
tive stigma against these dogs.
New York State law already prohibits municipalities from enacting breed
specific laws that restrict ownership. This bill would prohibit rental
properties and public housing authorities from having policies that '
restrict ownership of dogs that are a specific breed, size or weight.
This bill would not infringe a housing unit's right to restrict owner-
ship of all dogs regardless of breed or "dangerous dogs" as defined in
law.
Rousing policies should focus on preventing ownership of dangerous dogs
and irresponsible dog owners from their premises, not a discriminatory
ban on specific breeds. Bad dogs are a result of bad owners.
PRIOR LEGISLATIVE HISTORY:
A6949C of 2013-2014.
FISCAL IMPLICATIONS FOR STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2065--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 15, 2015
___________
Introduced by M. of A. ZEBROWSKI, OTIS, GLICK, MOYA, SOLAGES, ROSENTHAL,
RAIA, BRINDISI, TITONE, TEDISCO, COLTON, KATZ, WEPRIN, SKOUFIS,
BICHOTTE, MALLIOTAKIS, LINARES, MURRAY, BARRETT, LAVINE, SEAWRIGHT --
Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD, COOK, CUSICK, HEVESI,
LUPARDO, LUPINACCI, McDONOUGH, RA, SCHIMEL, SIMON -- read once and
referred to the Committee on Housing -- recommitted to the Committee
on Housing in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public housing law and the real property law, in
relation to discrimination against owners of specific breeds of dog
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 own certain dogs. No
4 person shall be denied occupancy in a dwelling in any project or be
5 subjected to eviction from any such dwelling on the grounds that such
6 person owns a dog of a specific breed, size, or weight and such dog
7 resides with such person. Nothing in this section shall be construed to
8 prohibit any authority from prescribing and enforcing reasonable
9 restrictions or requirements on the ownership of dogs, regardless of
10 their breed, size, or weight, or on the ownership of dangerous dogs as
11 prescribed in section one hundred twenty-three of the agriculture and
12 markets law.
13 § 2. Article 7 of the real property law is amended by adding a new
14 section 238-a to read as follows:
15 § 238-a. Discrimination in leases with respect to certain dogs. No
16 person, firm or corporation owning or having in charge any apartment
17 house, tenement house or other building or mobile home park used for
18 dwelling purposes shall restrict a tenant's ability to own a dog of a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02934-04-6
A. 2065--A 2
1 specific breed, size or weight. Nothing in this section shall be
2 construed to prohibit such persons, firms or corporations from prescrib-
3 ing and enforcing reasonable restrictions or requirements on the owner-
4 ship of dogs, regardless of their breed, size or weight, or on the
5 ownership of dangerous dogs as prescribed in section one hundred twen-
6 ty-three of the agriculture and markets law.
7 § 3. This act shall take effect immediately.
