BREAKING NEWS

New York

Official State Website

New York Attorney General
The Capitol
Albany, NY 12224-0341
(518) 474-7330
AG's opinion on Service Animals in Public Accommodations and the Work Place
AG's brochure on Frequently Asked Questions about Service Animals

New York State Division of Human Rights
One Fordham Plaza
Bronx, NY 10458
Tel: (718) 741- 8400
HUMAN RIGHTS LAW (pdf)

State Code

State Constitution

State Legislature

Applies To
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Trainers
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Penalties
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Other
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Freedom on Four Legs: Service Animals, Individuals with Disabilities, and the Law
This is a 51 page document from the NY state attorney general's office addressing the use of service animals within the state of New York.
http://www.oag.state.ny.us/press/reports/service_animal_report.pdf

Mocha's Homepage
Summary of NY State SD laws included.
http://users.bestweb.net/~mcpetitt/sd.htm

Dogs allowed to accompany on transportation:
§ 147. Dogs accompanying persons with a disability. Subject to such
rules and regulations as the commissioner may prescribe, all common and contract carriers of passengers by motor vehicle shall permit a guide dog, hearing dog or service dog properly harnessed, accompanying a person with a disability, as defined in subdivision twenty-one of section two hundred ninety-two of the executive law, to aid and guide such person, to ride on all vehicles operated for transportation and no charge shall be made for the transportation of such dog.
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Transportation Law #147

Suspension of License fee for service dogs:
3. There shall be no fee for any license issued for any guide dog,
hearing dog, service dog, war dog, working search dog, detection dog,police work dog or therapy dog. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog," or "Therapy Dog", as may be appropriate, by the clerk or authorized dog control officer.
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Agriculture and Markets Law #110, part 3

§ 303-a. Grants of assistance for guide dogs, hearing dogs and service dogs; certain cases.
1. It shall be the duty of the social services official to provide assistance, in accordance with regulations of the department, to a person with a disability using a guide dog, hearing dog or service dog who has been determined to be eligible for or is receiving federal supplemental security income benefits and/or additional state payments, for the purchase of food for such dog.
2. Such regulations of the department shall fix an amount of not less than thirty-five dollars a month, and the method and frequency of distribution and procedures for the determination and periodical redetermination of eligibility for such assistance.
3. Such assistance shall not be granted to any person for whom earned income has been exempted for such purpose pursuant to federal law or regulation.
4. The full amount properly expended by social services districts
under this section, including costs of administration, shall be
reimbursed by the state, notwithstanding any inconsistent provision of section three hundred one of this chapter.
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Social Services Law #303A

§ 47. Use of public facilities by persons with a disability.
1. No person shall be denied admittance to and/or the equal use of and enjoyment of any public facility solely because said person is a personwith a disability and is accompanied by a guide dog, hearing dog or service dog.
2. For the purposes of this section the term "public facility" shall
include, but shall not be limited to, all modes of public and private
transportation, all forms of public and private housing accommodations whether permanent or temporary, buildings to which the public is invited or permitted, including those maintained by the state or by any political subdivision thereof, all educational facilities and institutions, including those maintained by the state or by any political subdivision thereof, all places where food is offered for sale, all theatres, including both live playhouses and motion picture establishments and all other places of public accommodations, convenience, resort, entertainment, or business to which the general public or any classification of persons therefrom is normally or customarily invited or permitted.

§ 47-a. Employment of persons with a disability.
Unless it can be clearly shown that a person's disability would prevent such person from performing the particular job, no person who is otherwise qualified shall be denied equal opportunities to obtain and/or maintain employment and/or to advance in position in his job solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog regardless of whether the employer or prospective employer is the state or any political subdivision thereof or any other category of employer.

§ 47-b. Miscellaneous provisions. (Not allowed to charge for SD: Trainers have same rights)
1. Persons with a disability accompanied by guide dogs, hearing dogs or service dogs shall be guaranteed the right to have such dogs in their immediate custody while exercising any of the rights and privileges set forth in this article.
Blind persons shall, further, have the right to carry a cane in their
immediate custody while exercising any of the rights and privileges set forth in this section.
2. No person or legal entity, public or private, shall attempt to
impose or maintain any direct or indirect additional charge for the
admittance of a guide dog, hearing dog or service dog accompanying a person with a disability, nor shall any conditions or restrictions not specifically set forth in this article be imposed on the person's rights as set forth herein.
3. Persons qualified to train dogs to aid and guide persons with a
disability, while engaged in such training activities, shall have the
same rights and privileges set forth for persons with a disability in
this article.
4. The term "guide dog", "hearing dog" or "service dog" shall mean a dog which is properly harnessed and has been or is being trained by a qualified person, to aid and guide a person with a disability.
5. For the purposes of this article the term "disability" shall have
the same meaning as provided for in subdivision twenty-one of section two hundred ninety-two of the executive law.
6. Any law, rule, or regulation conflicting with any provision of this
article is, to the extent of said conflict only, deemed to be superseded
by the provisions of this article.

§ 47-c. Penalties.
1. Any person or legal entity, public or private, violating any provision of this article shall be guilty of a violation.
2. Any person or legal entity, public or private, violating section
forty-seven and/or subdivision one or two of section forty-seven-b of this article two or more times within a two year period shall be guilty of a violation punishable by a fine of one thousand dollars.
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Civil Rights Law, Article 4-B
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9. "Guide dog" means any dog that is trained to aid a person who is
blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.

21. "Hearing dog" means any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose

22. "Service dog" means any dog that has been or is being individually
trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative

23. "Person with a disability" means any person with a disability as
that term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law.
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Agriculture and Markets Law #108: Articles 9,21,22,and 23

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 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.
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Executive Law, Article 15, Part 292, section 21

§ 296. Unlawful discriminatory practices.
Employment:
1. It shall be an unlawful discriminatory practice:

(a) For an employer or licensing agency, because of the age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, or marital status of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

(b) For an employment agency to discriminate against any individual because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, or marital status, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers.

(c) For a labor organization, because of the age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, or marital status of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer.

Public Accommodations:

2. (a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, sexual orientation, military status, sex, or disability or marital status of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, sexual orientation, military status, sex, or disability or marital status, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, sexual orientation, military status, sex or marital status, or having a disability is unwelcome, objectionable or not acceptable, desired or solicited.

[The following new sections, in italics, are added by Laws of 2007 chapter 394, and shall become effective January 1, 2008.]

(c) For the purposes of paragraph (a) of this subdivision, "discriminatory practice" includes:

(i) a refusal to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford facilities, privileges, advantages or accommodations to individuals with disabilities, unless such person can demonstrate that making such modifications would fundamentally alter the nature of such facilities, privileges, advantages or accommodations;

(ii) a refusal to take such steps as may be necessary to ensure that no individual with a disability is excluded or denied services because of the absence of auxiliary aids and services, unless such person can demonstrate that taking such steps would fundamentally alter the nature of the facility, privilege, advantage or accommodation being offered or would result in an undue burden;

(iii) a refusal to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable; and

(iv) where such person can demonstrate that the removal of a barrier under subparagraph (iii) of this paragraph is not readily achievable, a failure to make such facilities, privileges, advantages or accommodations available through alternative methods if such methods are readily achievable.

(d) For the purposes of this subdivision:

(i) "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:

(A) the nature and cost of the action needed under this subdivision;

(B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources or the impact otherwise of such action upon the operation of the facility;

(C) the overall financial resources of the place of public accommodation, resort or amusement; the overall size of the business of such a place with respect to the number of its employees; the number, type and location of its facilities; and

(D) the type of operation or operations of the place of public accommodation, resort or amusement, including the composition, structure and functions of the workforce of such place; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to such place.

(ii) "Auxiliary aids and services" include:

(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(B) qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments;

(C) acquisition or modification of equipment or devices; and

(D) other similar services and actions.

(iii) "Undue burden" means significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered shall include:

(A) The nature and cost of the action needed under this article;

(B) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;

(C) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

(D) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

(E) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

(e) Paragraphs (c) and (d) of this subdivision do not apply to any air carrier, the National Railroad Passenger Corporation, or public transportation facilities, vehicles or services owned, leased or operated by the state, a county, city, town or village, or any agency thereof, or by any public benefit corporation or authority.

Housing:
2-a. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of publicly-assisted housing accommodations or other person having the right of ownership or possession of or the right to rent or lease such accommodations:

(a) To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, or familial status of such person or persons.
http://www.dhr.state.ny.us/hrlaw.html#296

New York State Website:
www.ny.gov/

New York Findlaw:
http://www.findlaw.com/11atategov/ny/laws.html

New York State Attorney General:
www.oag.state.ny.us/

New York State Code and Constitution:
www.law.cornell.edu/statutes.html
assembly.state.ny.us/leg/?
public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

New York State Legislature:
assembly.state.ny.us/

Office of Advocate for Persons with Disabilities
Links to lots of NY info.
http://www.advoc4disabled.state.ny.us/ (Dead Link...try)
http://www.ncsd.org/

Publication Order Form
Place to order "Service Animals - Frequently Asked Questions" and "Service Animals in Public Accommodations & the Workplace" brochures and "Freedom On Four Legs: Service Animals, Individuals w/Disabilities, & the Law" report.
http://www.oag.state.ny.us/online_forms/brochure_request.jsp

ST-860 Exemption Certificate for Purchases Relating to Guide, Hearing and Service Dogs
http://www.tax.state.ny.us/forms/sales_cur_forms.htm
Click on "Other Sales Tax forms", Scroll down to ST-860

"Animal Law in New York State LEGALease"
The pamphlet is available for complimentary download at: www.nysba.org/AnimalLawPamphlet. The printed version of the pamphlet can be purchased in packets of 50 for $12.50 for NYSBA members or $22.50 for non-members. To order, call 1-800-582-2452 and provide the product number A41338. A single copy can be requested at no charge.
Service animal information begins on page 12.
http://www.nysba.org/Content/NavigationMenu45/AnimalLawinNewYorkStatePam...

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Service Animals in Places of Public Accommodation .pdf1.64 MB