Relates to therapy dogs and cats for persons with a disability

Summary of provisions

Section 1: amends subdivision 21 of section 292 of the executive law to include that a condition which substantially limits one or more of a person's major life activities is a disability.

Major life activities include a list of human functions, both operative and cognitive, as well as bodily functions.

Section 2: amends subdivision of section 296 of the executive law to include service dogs of any breed and therapy dogs or cats within the class of animals protected from unlawful discriminatory practices.

Section 3: amends subdivision 26 of section 108 of the agriculture and markets law to include therapy cats within the existing definition of therapy dogs and to include personal residences within places therapy dogs and cats are protected.

Section 4: amends subdivision 1 of section 356 of the executive law to include housing services, not limited to instances of discrimination, within the state veterans' service agency's powers and duties to inform.

Section 5: effective date.

Justification

The federal Fair Housing Act (42 USC 3602, et seq) protects persons with a disability from housing discrimination based on that disability. While New York State Human Rights Law has recognized many of these protections, individuals with disabilities, especially returning veterans suffering from post-traumatic stress disorder. (PTSD) who rely on medically-prescribed therapy dogs or cats, are still being denied housing or are being forced to leave adequate housing due to the presence of their therapy animal in the home.

Federal and state agencies charged with implementing the Fair Housing Act (including the NY Attorney General's Civil Rights Bureau, NYS Division of Human Rights, and U.S. Department of Justice) have recognized that individuals with therapy and emotional support animals must be reasonably accommodated. Yet, veterans living with PTS throughout New York state are targeted for their therapy dogs and cats and denied otherwise publicly-available housing.

According to a 2011 RAND Corporation study, PTSD or combat-related depression affects approximately 22 percent of Iraq and Afghanistan veterans.

(1) In another report, according to Veteran's Affairs facilities, roughly 30 percent of post-9/11 veterans treated at these medical departments have screened positive for PTSD. (2) Finally, a Stanford University study projects that in the coming years, upwards of 35 percent of all veterans of Iraq and Afghanistan will suffer from PTSD and other mental illnesses following their deployment.(3) These figures affect people from every part of New York State. This legislation is in response to concerns raised by a local veterans services agency regarding the denial of housing-or an eviction based on the presence of a therapy dog or cat in the home, which is often utilized in a treatment plan for veterans with PTSD. These local heroes may then face homelessness or must rely on the nearest VA hospital for housing until they can find a place that will accommodate their therapy dog or cat, which provides them with critical therapy and support.

In order to correct this injustice and close this loophole, this legislation codifies outlying portions of the federal Fair Housing Act into New York State law to afford more complete, explicit protections on not only persons with disabilities, but particularly veterans suffering from PTSD. After these young men and women serve our country, it is our duty to protect their right to be safely and adequately housed when they return home.

(1) http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/ RAND TR920.pdf

(2) http://www.militarytimes.com/story/military/benefits/healthcare/ 2015/05/10/ptsd-service-dogs-va-perdue/70944650/

(3) http://www.gillibrand.senate.gov/imo/media/doc/Sen.%20Gillibrand%20 PTSD%20and%20TBI%20Report.pdf

Fiscal implications

None.

Effective date

This act shall take effect immediately.