New York State Assembly

 
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A07331 Summary:

A07331 Actions:

A07331 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Titus      
DATE:05/21/2019AYE/NAY:11/3  Action: Favorable refer to committee Codes        
Titus
Aye
Johns
Aye
Galef
Aye
Goodell
Nay
Glick
Aye
Lalor
Nay
Kim
Aye
Byrne
Nay
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye

Committee:CODES   Chair:Lentol      
DATE:05/21/2019AYE/NAY:21/0  Action: Favorable         
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Absent
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A07331 Floor Votes:

A07331 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7331
 
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 disa-
bility 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:
 
The purpose of the bill is to amend the Executive Law §§ 296.2-a(d)(2)
and 296.18(2) (hereafter "Human Right Law") to clarify 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.
 
 
SUMMARY OF PROVISIONS:
 
Subparagraph (2) of paragraph (d) of subdivisions 2-a of section 296 of
the Human Rights Law, which covers publically assisted housing, would be
amended 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.
 
Paragraph (2) of subdivision 18 of section 296 of the Human Rights Law,
which covers private housing, would be amended to clarify that a reason-
able 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.
 
 
JUSTIFICATION:
 
The Human Rights Law provides that it is unlawful to refuse to make
reasonable accommodations in rules, policies, practices, or services,
when such accommodations may be necessary to afford a person with a
disability equal opportunity to use and enjoy a dwelling. Human Rights
Law §§ 296.2-a(d)(2) and 296.18(2).
 
The Division of Human Rights has found in appropriate circumstances that
permitting a person with a disability to maintain an animal as a reason-
able accommodation is necessary for the person with a disability to use
and enjoy a dwelling. It is reasonable to permit such an accommodation
to a housing provider's "no pets" policy, where medical evidence or
other professional evidence shows that the animal aids the person with
the disability by alleviating the symptoms or effects of a disability.
 
However, in Kennedy Street Quad, Ltd v. Nathanson, 62 AD3d 879, 880 (2nd
Dept 2009), Iv. to appeal denied, 13 N.Y.3d 714 (2009), the Appellate
Division annulled a determination of the Commissioner of Human Rights
which had found that a cooperative housing corporation had discriminated
against two shareholders, 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 a psychologist
demonstrating that the dog ameliorated symptoms of their disabilities
and was helpful to the individuals with regard to their symptoms, there
was still not sufficient 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 holdings have had a negative impact on the ability of
persons with disabilities to receive a reasonable accommodation relative
to a housing provider's policies, as required by Human Rights Law §§
296.2-a(d)(2) and 296.18(2), and unnecessarily limits these provisions
of the Human Rights Law.
 
This bill would 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 professional evidence
shows that the animal "alleviate 
s the symptoms or effects of a disa-
bility."
 
 
PRIOR LEGISLATIVE HISTORY:
 
This bill was introduced in the 2017-2018 session as A.7283 (Depart-
mental Bill   44; DHR   0117). It passed the Assembly and never came to
a vote in the Senate. It was also introduced in the 20152016 session as
Assembly Bill Number 9760 (Departmental Bill  102, DHR  01-16). It
passed the Assembly and never came to a vote in the Senate.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
Immediate.

A07331 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7331
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 23, 2019
                                       ___________
 
        Introduced  by  M.  of A. DILAN, TITUS -- (at request of the Division of
          Human Rights) -- read once and referred to the  Committee  on  Govern-
          mental Operations
 
        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  2  of  paragraph  (d) of subdivision 2-a of
     2  section 296 of the executive law, as amended by chapter 196 of the  laws
     3  of 2010, is amended to read as follows:
     4    (2)  To  refuse  to make reasonable accommodations in rules, policies,
     5  practices, or services, when such accommodations  may  be  necessary  to
     6  afford  a  person with a disability equal opportunity to use and enjoy a
     7  dwelling, including the use of an animal as a  reasonable  accommodation
     8  to  alleviate symptoms or effects of a disability, and including reason-
     9  able modification to common use portions of the dwelling, or
    10    § 2. Paragraph 2 of subdivision 18 of section  296  of  the  executive
    11  law,  as  amended by chapter 196 of the laws of 2010, is amended to read
    12  as follows:
    13    (2) To refuse to make reasonable accommodations  in  rules,  policies,
    14  practices,  or  services,  when  such accommodations may be necessary to
    15  afford said person with a disability equal opportunity to use and  enjoy
    16  a dwelling, including the use of an animal as a reasonable accommodation
    17  to  alleviate symptoms or effects of a disability, and including reason-
    18  able modification to common use portions of the dwelling, or
    19    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09281-01-9

A07331 LFIN:

 
NO LFIN

A07331 Chamber Video/Transcript: