Int. No. 1107
By Council Member Hanif and Riley
A Local Law to amend the administrative code of the city of New York, in relation to guidance and public education regarding service animal access in places of public accommodation
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-199.35 to read as follows:
§ 17-199.35 Service animals in places of public accommodation. a. Definitions. For purposes of this section, the following terms have the following meanings:
Commission. The term “commission” means the New York city commission on human rights.
Emotional support animal. The term “emotional support animal” means an animal that provides comfort or emotional support to a person through its presence and that has not been individually trained to do work or perform tasks for the benefit of a person with a disability.
Office. The term “office” means the mayor’s office for people with disabilities.
Place of public accommodation. The term “place of public accommodation” means any public entity as defined in section 8-102, including, but not limited to, retail establishments, restaurants, bars, hotels, lodging, theaters, entertainment venues, medical facilities, schools, parks, government buildings, and public transportation facilities.
Service animal. The term "service animal" means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of a person with a physical, sensory, psychiatric, intellectual, or other mental disability, as defined in section 47 of the civil rights law regarding the use of public facilities by persons with a disability.
b. Public education campaign and guidance. No later than 1 year after the effective date of the local law that added this section, and annually thereafter, the commissioner, in consultation with the chairperson of the commission and the commissioner of the office, shall develop and implement guidance and a public education campaign to educate persons who work at places of public accommodation on the rights of persons with disabilities who use service animals in such places. The guidance and public education campaign shall include, but need not be limited to, the following:
1. General information on what constitutes a service animal, including the types of work or tasks service animals perform, and how service animals differ from emotional support animals;
2. Information on the rights of persons with disabilities who use service animals in places of public accommodation under federal, state, and local law, including:
(a) The right to be accompanied by a service animal in all areas of a place of public accommodation where members of the public are permitted;
(b) That a place of public accommodation may not require documentation, certification, identification cards, registration, or special vests or harnesses as a condition of entry, and that no official registry of service animals exists;
(c) That a place of public accommodation may not charge a surcharge, deposit, or fee on the basis of a person’s use of a service animal, or isolate or treat such person less favorably than other patrons;
(d) The questions a place of public accommodation may ask when it is not readily apparent that an animal is a service animal; and
(e) The limited circumstances under which a place of public accommodation may ask that a service animal be removed, and the place of public accommodation’s obligation to continue offering its goods and services to the person without the animal in such circumstances.
3. Information on the obligations of places of public accommodations, including guidance specific to food service establishments, retail establishments, hotels, health care facilities, taxicabs and for-hire vehicles, and any other types of places of public accommodation that the commissioner, in consultation with the chairperson of the commission and the commissioner of the office, deem relevant, including the circumstances under which the health code permits service animals in food service establishments.
4. Information on how to file a complaint regarding the denial of access to a person with a service animal with the commission, the New York state division of human rights, and the United States department of justice, including the time limits for filing with each, and how to obtain information on how to report such discrimination to the commission through 311; and
5. Contact information for legal resources, legal services organizations, and disability advocacy organizations that can assist persons who have been denied access to a place of public accommodation on the basis of their use of a service animal.
c. Informational materials. As part of the public guidance required by subdivision b of this section, the commissioner, in consultation with the chairperson of the commission and the commissioner of the office, shall develop the following informational materials which shall be made available in electronic format:
1. An informational pamphlet for persons who use service animals summarizing their rights and the complaint processes described in paragraph 5 of subdivision b of this section;
2. An informational pamphlet for places of public accommodations summarizing their obligations, including a quick reference guide suitable for use by employees of places of public accommodation who interact with the public; and
3. Model signage that places of public accommodation may voluntarily display indicating that service animals are welcome.
d. Outreach and distribution. The commissioner, the chairperson of the commission, and the commissioner of the office shall make all materials developed pursuant to this section available on the department's, the commission's, and the office's websites, in English and the designated citywide languages as defined in section 23-1101. The office shall review all such materials prior to publication to ensure that they are available in accessible formats that are usable by persons with a range of disabilities and are in a format that may be printed by the public.
e. Periodic review. The commissioner, the chairperson of the commission, and the commissioner of the office shall jointly review and, as necessary, update the materials and training developed pursuant to this section at least once every 3 years to reflect changes in federal, state, and local law and guidance.
§ 2. This local law takes effect immediately.
SOS
LSR #22830
10/8/26 10:45am