Relates to the inspection of property that has been vacated for abandoned animals; requires property owners and lessors to inspect such property within three days and to immediately notify the appropriate authorities when such person finds an animal which appears to be abandoned.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5505
SPONSOR: Lupardo TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to requir-
ing property owners and lessors of certain properties that have been
vacated to inspect such property for abandoned animals
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require landlords to inspect
vacated properties within three days to ensure no animals were left
abandoned.
SUMMARY OF PROVISIONS:
Section 1: Section 373 of the Agriculture and Markets Law is amended by
a new subdivision 2-a.
Section 2: Effective Date.
JUSTIFICATION:
When people are forced from their homes it is typically due an emergency
that greatly upends the lives of the family or individual. The sudden
need to vacate a home can occasionally led individuals to make hasty and
desperate decisions for their pets. These decisions can have profound
and lethal consequences for their abandoned pets.
This legislation would require owners of real property to inspect
vacated properties within three days to check to see that no animals
were left abandoned in the home. The bill would require the landowner to
notify animal control, police or SPCA for the animal to be removed or
cared for until such time as it can be removed. The legislation also
clarifies that the landlord is not deemed the owner of such animal and
failure to check for abandon pets will result in a fine to be paid into
the animal population control fund.
Massachusetts passed a similar law in 2018.
PRIOR LEGISLATIVE HISTORY:
Formerly A-8841 of 2020, died in PAgriculture Committee.
Formerly A-1769 of 2022, died in Agriculture Committee.
Formerly A-2881 of 2023, died in Agriculture Committee.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This legislation will have no local fiscal implications; any fines
collected will be deposited into the State's Animal population control
fund.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5505
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing property owners and lessors of certain properties that have been
vacated to inspect such property for abandoned animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 373 of the agriculture and markets law is amended
2 by adding a new subdivision 2-a to read as follows:
3 2-a. a. Notwithstanding sections thirteen hundred seven and nineteen
4 hundred seventy-one of the real property actions and proceedings law or
5 any other provision of law to the contrary, the property owner or lessor
6 of property that has been vacated as a result of an eviction, property
7 foreclosure, forfeiture or default on a mortgage, trust deed or land
8 sales contract, or abandonment, or such property owner or lessor's
9 designee, shall, not more than three days after a property owner or a
10 lessor knew or should have known that a property has been vacated,
11 inspect the property for the presence of abandoned animals. If the prop-
12 erty owner, lessor, or designee encounters an animal which appears to be
13 abandoned on such property, such owner, lessor, or designee shall imme-
14 diately notify the dog control officer, the police, or agent or officer
15 of a duly incorporated society for the prevention of cruelty to animals
16 about such encounter, for the purpose of promptly retrieving or provid-
17 ing necessary care for such animal at the property until the animal can
18 be retrieved. The property owner, lessor, or designee who encounters an
19 abandoned animal pursuant to this paragraph shall not be deemed the
20 owner, possessor or person having charge or custody of the animal.
21 b. A property owner or lessor, or such property owner or lessor's
22 designee, who fails to comply with the requirements of paragraph a of
23 this subdivision shall be subject to a civil penalty of not more than
24 five hundred dollars for a first offense and not more than one thousand
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05452-01-5
A. 5505 2
1 dollars for a second offense and each subsequent offense thereafter.
2 Funds collected pursuant to this subdivision shall be deposited into the
3 animal population control fund established pursuant to section ninety-
4 seven-xx of the state finance law.
5 c. Nothing in this section shall be construed to limit or restrict in
6 any way agents or officers of societies for the prevention of cruelty to
7 animals or the police from enforcing provisions of this article or any
8 other law relating to abandonment of animals or the inhumane treatment
9 of or cruelty to animals.
10 § 2. This act shall take effect immediately.
