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.
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.
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.
