A06245 Summary:

BILL NOA06245
 
SAME ASNo Same As
 
SPONSORGlick
 
COSPNSR
 
MLTSPNSR
 
Add §237-b, RP L
 
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.
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A06245 Actions:

BILL NOA06245
 
04/03/2023referred to housing
01/03/2024referred to housing
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A06245 Committee Votes:

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A06245 Floor Votes:

There are no votes for this bill in this legislative session.
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A06245 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6245
 
SPONSOR: Glick
  TITLE OF BILL: An act to amend the real property law, in relation to discrimination against certain tenants who own or keep pets   PURPOSE OR GENERAL IDEA OF BILL: Provides that no tenant age sixty-two or older shall be denied housing solely on the basis of owning or keeping a pet.   SUMMARY OF SPECIFIC PROVISIONS: Adds to real property law Section 237-b to provide that no tenant shall be denied occupancy or shall be evicted from a multiple dwelling on the sole ground that the tenant owns or keeps a dog or cat. The owner of the multiple dwelling may establish reasonable rules for the care and handl- ing of common household pets as provided in the bill.   JUSTIFICATION: The legislature finds that pet companionship has a beneficial impact on the pet owner's physical and mental health. Numerous studies have demon- strated that senior citizens with pets live longer, visit the doctor less often and recover more quickly from illnesses. There exists a significant public interest and purpose in preserving and enhancing the quality of life of the state's senior citizens. Such persons should not be compelled to choose between remaining in their home and having the therapeutic benefit of pet companionship. The shortage of affordable housing across the state offers such persons few housing options if forced to leave their homes due to their need for pet companionship. Eviction of senior citizens from multiple dwellings due to pet ownership is harmful to the public welfare. Public housing is governed by the provisions of Section 233-a of the Public Housing Law which is the prototype of this bill modified to reflect judicial rather than agency interpretation. It is not intended to protect an owner who keeps a dog when that dog is a nuisance or presents a health problem; this is the interpretation to be given the phrase "the sole ground". This is to protect tenants age sixty-two or older to who wish to have a pet in their home.   PRIOR LEGISLATIVE HISTORY: 1978: A.10623/S.9231; 1979-80: A.118/S.796; 1981-82: A.6297-A; 1983-84: A.1371; 1985-86: A.664; 1990: A.236-A; 1991-92: A.5753; 1993-94: A.2550 referred to housing; 1995-96: A.2708 Held for consideration in housing; 1997-98: A.2770 Referred to housing; 2000.: A.3108 referred to crime victims, crime and corrections. 2001-02: A.5482 held for consideration in Housing. 2003: A1080 Referred to Housing. 2004: Held for consideration in Housing. 2006: A1825 held for consideration in Housing. 2008: A2539 held for consideration in Housing. 2009-10: A.2564 referred to Housing. 2011-2012: A3595 Referred to Housing. 2013-14: A.3413 Referred to Housing. 2015-16: A,3511 Referred to Housing. 2017-18 A.3706 Referred to Housing. 2019-20: A.1153 Referred to Housing   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately.
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A06245 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6245
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Housing
 
        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    § 2. The real property law is amended by adding a new section 237-b to
    15  read as follows:
    16    §  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.
                                                                   LBD09301-01-3

        A. 6245                             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    § 3. This act shall take effect immediately.
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