Prohibits insurers issuing policies insuring personal injury and property damage arising out of a lease, from cancelling or refusing to issue or renew such a policy, or charging increased premiums based upon the harboring of a specific breed of dog on the premises.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1149
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the insurance law, in relation to prohibiting insurers
from cancelling, refusing to issue or renew renters' insurance based on
the breed of dog owned
PURPOSE:
This legislation will ensure renters are able to secure renters' insur-
ance policies regardless of the breed of dog owned.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 3421 of the insurance law.
Section two sets forth the effective date.
JUSTIFICATION:
In 2021, legislation was signed into law (Chapter 545 of the Laws of
2021) prohibiting homeowners' liability insurance companies from refus-
ing to issue or renew, cancel, or charge an increased premium or rate
based solely on the breed of dog a homeowner owns. Now, 25 states have
enacted laws to prohibit homeowners' insurance companies from restrict-
ing access to policies based on the breed of dog in the home. These
restrictions are a clear form of breed discrimination, suggesting that
certain breeds are more dangerous than others, despite overwhelming
evidence that aggression is not specific to any particular breed or
grouping of dogs.
Temperaments vary with each animal and owners should not be penalized
over an outdated belief that biting or other acts of aggression are more
likely to occur with certain breeds of dog. This legislation will ensure
that renters, like homeowners, will not face higher premiums or other
obstacles when obtaining a renter's insurance policy simply because of
the type of dog they own.
LEGISLATIVE HISTORY:
2021-22: A,8859 - Referred to Insurance
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect January 28, 2023 and shall apply to all poli-
cies issued, renewed, modified, altered or amended on or after such
effective date; provided, however, that if chapter 545 of the laws of
2021 shall not have taken effect on or before such date, then section
one of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2021 takes effect and shall apply
to all policies issued, renewed, modified, altered or amended on or
after such effective date.
STATE OF NEW YORK
________________________________________________________________________
1149
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting insurers
from cancelling, refusing to issue or renew renters' insurance based
on the breed of dog owned
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading and subsection 1 of section 3421 of the
2 insurance law, the section heading as added by chapter 545 of the laws
3 of 2021 and subsection 1 as amended by chapter 679 of the laws of 2022,
4 are amended to read as follows:
5 Homeowners' liability insurance and renters' insurance; dogs. 1. With
6 respect to homeowners' insurance policies as defined in section two
7 thousand three hundred fifty-one of this chapter, and every policy or
8 contract insuring against liability for injury to any person, or injury
9 to or destruction of property arising out of a lease of residential one,
10 two, three or four dwelling real property, including renters' insurance,
11 no insurer shall refuse to issue or renew, cancel, or charge or impose
12 an increased premium or rate for such policy or contract, or exclude,
13 limit, restrict, or reduce coverage under such policy or contract based
14 solely upon harboring or owning any dog of a specific breed or mixture
15 of breeds.
16 § 2. This act shall take effect on the ninetieth day after it shall
17 have become a law and shall apply to all policies issued, renewed, modi-
18 fied, altered or amended on or after such effective date; provided,
19 however, that if chapter 679 of the laws of 2022 shall not have taken
20 effect on or before such date, then section one of this act shall take
21 effect on the same date and in the same manner as such chapter of the
22 laws of 2022 takes effect and shall apply to all policies issued,
23 renewed, modified, altered or amended on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04228-01-3
