What's happening
This bill expands protections and definitions for therapy dogs and cats for people with disabilities, and updates related laws.
Why it matters
Broadens the legal definition of "disability". to align with federal standards, explicitly listing major life activities (like caring for oneself, communicating, working, and more), which could help more people qualify for disability-related protections and accommodations.
Clarifies that therapy animals, including both dogs and cats, must be accommodated. regardless of breed or type, and that denial of access based on the presence of a properly trained therapy animal constitutes discrimination—potentially reducing conflicts for individuals who rely on emotional support animals.
Expands the definition of "therapy animal" to include cats as well as dogs,. and specifically allows for their use in personal residences, not just institutions—meaning more individuals with disabilities could benefit from therapy animals in broader settings.
Adds housing services (including anti-discrimination situations) to the duties of state veterans’ agencies,. increasing official support for veterans facing discrimination related to housing and potentially enhancing enforcement of rights for veterans with therapy animals.
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Who cares
Headline styles
Expand Therapy Animal Access
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 50–10
- Advanced to third reading
- 2nd report cal.
- 1st report cal.157
- Referred to investigations and government operations
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 49–11
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.172
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2705
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law and the agriculture and markets law, in relation to therapy dogs and cats for persons with disabilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 21 of section 292 of the executive law, as amended by chapter 269 of the laws of 1997, is amended to read as follows:
21. The term "disability" means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function, substantially limits one or more of such person's major life activities, or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held. For purposes of this section, major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activities also include the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03679-01-9
S. 2705 2
§ 2. Subdivision 14 of section 296 of the executive law, as amended by chapter 221 of the laws of 2018, is amended to read as follows:
14. In addition to reasonable modifications in policies, practices, or procedures, including those defined in subparagraph (iv) of paragraph (d) of subdivision two of this section or reasonable accommodations for persons with disabilities as otherwise provided in this section, including the use of an animal as a reasonable accommodation, it shall be an unlawful discriminatory practice for any person engaged in any activity covered by this section to deny access or otherwise to discriminate against a blind person, a person who is deaf or hard of hearing or a person with another disability because he or she is accompanied by a dog that has been trained to work or perform specific tasks for the benefit of such person by a professional guide dog, hearing dog or service dog training center or professional guide dog, hearing dog or service dog trainer, or to discriminate against such professional guide dog, hearing dog or service dog trainer engaged in such training of a dog for use by a person with a disability, whether or not accompanied by the person for whom the dog is being trained. This section shall apply regardless of breed, or any other type of therapy dog or cat.
§ 3. Subdivision 26 of section 108 of the agriculture and markets law, as amended by chapter 497 of the laws of 2017, is amended to read as follows:
26. "Therapy dog or cat" means any dog or cat that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes, personal residences, and other settings and is actually used for such purpose, or any dog or cat during the period such dog or cat is being trained or bred for such purpose, and does not qualify under federal or state law or regulations as a service dog or cat.
§ 4. Subdivision 1 of section 356 of the executive law is amended to read as follows:
1. A state veterans' service agency established by the division pursuant to this article shall have power and it shall be its duty to inform military and naval authorities of the United States and assist members of the armed forces and veterans, who are residents of this state, and their families, in relation to (1) matters pertaining to educational training and retraining services and facilities, (2) health, medical and rehabilitation services and facilities, (3) provisions of federal, state and local laws and regulations affording special rights and privileges to members of the armed forces and war veterans and their families, (4) employment and re-employment services, [and] (5) housing services including but not limited to instances of discrimination, and (6) other matters of similar, related or appropriate nature. The state veterans' service agency also shall perform such other duties as may be assigned by the state director.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law and the agriculture and markets law, in relation to therapy dogs and cats for persons with disabilities
Purpose
This bill provides that persons with disabilities may not be subjected to housing discrimination for living with a therapy dog.
Summary of provisions
Section 1: amends subdivision of section 296 of the executive law to include service dogs of any breed and therapy dogs within the class of animals protected from unlawful discriminatory practices.
Section 2: amends subdivision 26 of section 108 of the agriculture and markets law to include personal residences within places therapy dogs are protected.
Section 3: 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 4: 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 veter- ans suffering from post-traumatic stress disorder. (PTSD) who rely on medically-prescribed therapy dogs, 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 Divi- sion 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 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 facili- ties, 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 regard- ing the denial of housing-or an eviction based on the presence of a therapy dog 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, which provides them with critical therapy and support.
In order to correct this injustice and close this loophole, this legis- lation 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 PTSW620andt2OTBIt2OReport.pdf
Fiscal implications
None.
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.