Requires the provision of reasonable accommodation in the provision of housing to a person with a disability so as to allow the use of a service animal.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7283
SPONSOR: Dilan TITLE OF BILL:
An act to amend the executive law, in relation to clarifying that
reasonable accommodation to enable a person with a disability to use and
enjoy a dwelling includes the use of an animal to alleviate the symptoms
or effects of a disability
PURPOSE OF THE BILL:
This bill would amend Executive Law §§ 296.2-a (d)(2) and 296.18(2)
("Human Rights Law") to clarify that a reasonable accommodation to
enable a person with a disability to use and enjoy a dwelling includes
the use of an animal to alleviate the symptoms or effects of a disabili-
ty.
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend § 296.2-a (d)(2) of the Human Rights
Law ("HRL"), which covers publicly assisted housing, to clarify that a
reasonable accommodation to enable a person with a disability to use and
enjoy a dwelling includes the use of an animal to alleviate the symptoms
or effects of a disability.
Section 2 of this bill would amend HRL § 296.18 (2), which covers
private housing, to clarify that a reasonable accommodation to enable a
person with a disability to use and enjoy a dwelling includes the use of
an animal to alleviate the symptoms or effects of a disability.
Section 3 of this bill would make it effective immediately.
JUSTIFICATION:
Under the HRL, it is unlawful to refuse to make reasonable accommo-
dations in rules, policies, practices, or services, when such accommo-
dations may be necessary to afford a person with a disability an equal
opportunity to use and enjoy a dwelling.
The Division of Human Rights has found that, in appropriate circum-
stances, permitting a person with a disability to maintain an animal as
a reasonable accommodation is necessary for the person with a disability
to use and enjoy a dwelling. For example, it is reasonable to permit
such an accommodation to a housing provider's "no pets" policy where
medical evidence demonstrates that the animal helps alleviating the
symptoms or effects of an individual's disability.
In Kennedy Street Quad, Ltd. v. Nathanson, 62 AD3d 879, 880 (2nd Dept
2009), lv. to appeal denied, 13 N.Y.3d 714 (2009), the Appellate Divi-
sion annulled a determination by the Commissioner of Human Rights that a
cooperative housing corporation had discriminated against two sharehold-
ers, each of whom had disabilities, by seeking to evict them from their
home of thirty years because they maintained a dog on the premises that
aided them with their disabilities. The Appellate Division ruled that
despite evidence from physicians and psychologists demonstrating that
the dog ameliorated symptoms of their disabilities and was helpful to
the individuals with regard to their symptoms, there was still insuffi-
cient evidence that the animal was required in order to use and enjoy
the home. See, similarly, Matter of 105 Northgate Coop. v Donaldson, 54
AD3d 414, 416 (2nd Dept 2008); Matter of One Overlook Ave. Corp. v New
York State Div. of Human Rights, 8 AD3d 286, 287 (2nd Dept 2004).
These decisions have negatively impacted the ability of a person with a
disability to receive a reasonable accommodation relative to a housing
provider's policies, as required by HRL §§ 296.2-a (d)(2) and 296.18
(2). This bill would therefore clarify that a person with a disability
may demonstrate that a reasonable accommodation is necessary for the use
and enjoyment of the premises if appropriate medical and other profes-
sional evidence shows that the animal "alleviate(s) the symptoms or
effects of a disability."
PRIOR LEGISLATIVE HISTORY:
This bill passed the Assembly in 2016 (A.9760).
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
