As this is a developing (and ever-changing story) here is an excerpt from a Q & A type interview I had with Howard Marder, spokesperson for the New York City Housing Authority, shortly before the 'breed ban' (pits, rotties and dobies) "officially" went into effect. We are continuing to follow this story through a myriad of public hearings and continued questions from various parts of the community.
Indeed, there are some (as Mr. Marder himself eludes to) that are in full support of the ban. We'll bring news to you on that, too, as it emerges.
Diane West: It is my understanding that New York State has a law banning 'breed discrimination' (counties of New York cannot make a law contradicting this). In other words, a ban on owning pit bulls, etc. How is NYCHA getting around this? Did they meet with state lawmakers about this or is NYCHA exempt from this law, and if so, why?
Howard Marder: The law you refer to, is Article 7 of the Agriculture and Markets law, Section 107 (5). That section prohibits a municipality from regulating specific breeds of dogs. NYCHA is not a municipality. The rule does not apply.
DW: Is this officially called a 'regulation' concerning NYCHA buildings only? What constitutes a building that falls under the NYCHA umbrella? Section 8 and/or other subsidized, such as Mitchell-Lama or others? All boroughs of New York City?
HM: It is applicable in NYCHA owned and operated buildings. It never applied to Mitchell Lama. NYCHA only provides subsidy to Section 8 tenants and does not own or manage the buildings in which the vouchers are used, so it does not apply to them. However, if there is a building that receives Project-Based Section 8, the rule does apply.
DW: How many people is this likely to affect throughout NYCHA residences?
HM: We have no idea because if people are not registering their pets, there is no mechanism for us to do a pet census. Anyone living in a NYCHA apartment today has the ability and responsibility to register their pet under the old policy.
DW: When was this first enacted, and what event/s precipitated it? Were their public discussions or other notices to the public about this poss ible change, and if so, how/where were they announced?
HM: The pet rules came effect with the passage of Federal guidelines requiring all public housing authorities in the U.S. develop their own policies to allow residents to own one or more common household pets. NYCHA’s 40-lb. weight rule was instituted in May 2002. NYCHA announced the change in pet policy to our residents in mid-March by letter to each household and by articles in the Housing Authority newspaper, The Journal.
DW: Why/how did NYCHA come upon the ban of no animals over 25 lbs as opposed to 40lbs? (which documents said was the rule previous.) Is there some kind of study or other reason which made NYCHA decide on this weight?
HM: NYCHA had the 40-lb rule from May 2002 till the present and, in many instances, NYCHA and its residents saw that it did not work. It created a number of problems such as those caused by larger, menacing and dangerous dogs and dogs that the NYPD complained were threatening and vicious. The larger dogs were simply creating a problem because of the density in our buildings with the limited elevator and hallway space by which our residents could traverse. Many of these situations are complicated when there are large dogs.
DW: There is an extensive lists of breeds (full and 'mixed') on the list (below.) How did you decide upon these breeds? In particular you seem to put emphasis on "Pit bull, Rottweiler, Doberman , Chow, Boxer, Akita, German Shepherd". Again, is there a particular reason, study or justification for this? Why dogs such as Dalmatians, Golden Retrievers, and several breeds of terrier?
HM: The NYCHA Pet Policy Overview has been updated. (see the link to our website) http://www.nyc.gov/html/nycha/downloads/pdf/pet_policy_overview.pdf . It now prohibits three breeds, Pit Bulls, Rottweilers and Doberman Pinchers.
DW: There is also a provision for 'one cat per apartment'. Is this correct? So in other words, a tenant may either have one 'approved' dog or one 'approved' cat (not one of each?) Why were cats included in the new regulations? Also, a 'reasonable amount' of other animals (birds, etc.) What is a 'reasonable amount'?
HM: The rules provide for either one dog or one cat, not both. That has been in place since May 2002.
DW: How will these regulations be enforced? Will NYCHA representatives or building agents be looking in apartments or patrolling grounds? What happens if someone is not in compliance?
HM: NYCHA will use its limited resources to address lease violations such as this as well as all other lease violations or Quality Of Life infringements or crimes as it is made aware of them. NYCHA has and will continue to cooperate with the NYPD for any City-initiated enforcement efforts.
DW: Will there be a grace period for people who have animals grandfathered in to get what you are asking them? (ie, licenses, vets/vaccination/etc?) As paying this all at once may be a hardship for some.
HM: As the pet policy overview makes clear, a person just has to submit the registration form before the May 1 deadline to register a pet that hasn’t previously been registered, to register it. Residents will be given a grace period of 90 days after submission of the registration form to comply with other requirements, such as veterinarian examination, spaying and neutering, rabies inoculation and Health Dept. licensing
DW: If one has, say, a pit bull, or Rottweiler, or other right now, they do not have to give it up, but it must be registered. After this animal passes away, it cannot be 'replaced' with a 'new' pit bull, etc., but only a pet on the approved list. (I just want to make sure that people understand whether they have to give up their animal or not come May 1st.) Have you reached out to the shelters and adoption groups in the NYC area re this and its possible ramifications?
HM: Nobody will have to give up a previously existing pet that complies with the old policy (dogs up to 40 lbs and breed restriction) if it is registered before the May 1 deadline. We have had discussions with the ASPCA and the Mayor’s Alliance for NYC’s Animals concerning our pet policy.
DW: Are there exceptions for 'service animals' (even if they are on the 'banned' list? Section 8 residents don't have to pay a fee (but do have to license and vet.)
HM: Verified Service animals are exempt from any breed restriction or weight limit. As mentioned, this does not apply to Section 8 voucher holders living in private buildings.. It does apply to Section 8 project based residents since they are in a NYCHA owned building.
DW: Just FYI-- Are you aware the online-license form has been intermittently down for a few months now?
HM: There is an additional 90 day grace period to comply. As with any rule good faith attempts to comply that are made difficult by external sources are taken into consideration.
Indeed, there are some (as Mr. Marder himself eludes to) that are in full support of the ban. We'll bring news to you on that, too, as it emerges.
Diane West: It is my understanding that New York State has a law banning 'breed discrimination' (counties of New York cannot make a law contradicting this). In other words, a ban on owning pit bulls, etc. How is NYCHA getting around this? Did they meet with state lawmakers about this or is NYCHA exempt from this law, and if so, why?
Howard Marder: The law you refer to, is Article 7 of the Agriculture and Markets law, Section 107 (5). That section prohibits a municipality from regulating specific breeds of dogs. NYCHA is not a municipality. The rule does not apply.
DW: Is this officially called a 'regulation' concerning NYCHA buildings only? What constitutes a building that falls under the NYCHA umbrella? Section 8 and/or other subsidized, such as Mitchell-Lama or others? All boroughs of New York City?
HM: It is applicable in NYCHA owned and operated buildings. It never applied to Mitchell Lama. NYCHA only provides subsidy to Section 8 tenants and does not own or manage the buildings in which the vouchers are used, so it does not apply to them. However, if there is a building that receives Project-Based Section 8, the rule does apply.
DW: How many people is this likely to affect throughout NYCHA residences?
HM: We have no idea because if people are not registering their pets, there is no mechanism for us to do a pet census. Anyone living in a NYCHA apartment today has the ability and responsibility to register their pet under the old policy.
DW: When was this first enacted, and what event/s precipitated it? Were their public discussions or other notices to the public about this poss ible change, and if so, how/where were they announced?
HM: The pet rules came effect with the passage of Federal guidelines requiring all public housing authorities in the U.S. develop their own policies to allow residents to own one or more common household pets. NYCHA’s 40-lb. weight rule was instituted in May 2002. NYCHA announced the change in pet policy to our residents in mid-March by letter to each household and by articles in the Housing Authority newspaper, The Journal.
DW: Why/how did NYCHA come upon the ban of no animals over 25 lbs as opposed to 40lbs? (which documents said was the rule previous.) Is there some kind of study or other reason which made NYCHA decide on this weight?
HM: NYCHA had the 40-lb rule from May 2002 till the present and, in many instances, NYCHA and its residents saw that it did not work. It created a number of problems such as those caused by larger, menacing and dangerous dogs and dogs that the NYPD complained were threatening and vicious. The larger dogs were simply creating a problem because of the density in our buildings with the limited elevator and hallway space by which our residents could traverse. Many of these situations are complicated when there are large dogs.
DW: There is an extensive lists of breeds (full and 'mixed') on the list (below.) How did you decide upon these breeds? In particular you seem to put emphasis on "Pit bull, Rottweiler, Doberman , Chow, Boxer, Akita, German Shepherd". Again, is there a particular reason, study or justification for this? Why dogs such as Dalmatians, Golden Retrievers, and several breeds of terrier?
HM: The NYCHA Pet Policy Overview has been updated. (see the link to our website) http://www.nyc.gov/html/nycha/downloads/pdf/pet_policy_overview.pdf . It now prohibits three breeds, Pit Bulls, Rottweilers and Doberman Pinchers.
DW: There is also a provision for 'one cat per apartment'. Is this correct? So in other words, a tenant may either have one 'approved' dog or one 'approved' cat (not one of each?) Why were cats included in the new regulations? Also, a 'reasonable amount' of other animals (birds, etc.) What is a 'reasonable amount'?
HM: The rules provide for either one dog or one cat, not both. That has been in place since May 2002.
DW: How will these regulations be enforced? Will NYCHA representatives or building agents be looking in apartments or patrolling grounds? What happens if someone is not in compliance?
HM: NYCHA will use its limited resources to address lease violations such as this as well as all other lease violations or Quality Of Life infringements or crimes as it is made aware of them. NYCHA has and will continue to cooperate with the NYPD for any City-initiated enforcement efforts.
DW: Will there be a grace period for people who have animals grandfathered in to get what you are asking them? (ie, licenses, vets/vaccination/etc?) As paying this all at once may be a hardship for some.
HM: As the pet policy overview makes clear, a person just has to submit the registration form before the May 1 deadline to register a pet that hasn’t previously been registered, to register it. Residents will be given a grace period of 90 days after submission of the registration form to comply with other requirements, such as veterinarian examination, spaying and neutering, rabies inoculation and Health Dept. licensing
DW: If one has, say, a pit bull, or Rottweiler, or other right now, they do not have to give it up, but it must be registered. After this animal passes away, it cannot be 'replaced' with a 'new' pit bull, etc., but only a pet on the approved list. (I just want to make sure that people understand whether they have to give up their animal or not come May 1st.) Have you reached out to the shelters and adoption groups in the NYC area re this and its possible ramifications?
HM: Nobody will have to give up a previously existing pet that complies with the old policy (dogs up to 40 lbs and breed restriction) if it is registered before the May 1 deadline. We have had discussions with the ASPCA and the Mayor’s Alliance for NYC’s Animals concerning our pet policy.
DW: Are there exceptions for 'service animals' (even if they are on the 'banned' list? Section 8 residents don't have to pay a fee (but do have to license and vet.)
HM: Verified Service animals are exempt from any breed restriction or weight limit. As mentioned, this does not apply to Section 8 voucher holders living in private buildings.. It does apply to Section 8 project based residents since they are in a NYCHA owned building.
DW: Just FYI-- Are you aware the online-license form has been intermittently down for a few months now?
HM: There is an additional 90 day grace period to comply. As with any rule good faith attempts to comply that are made difficult by external sources are taken into consideration.
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