NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5505A
SPONSOR: Lupardo TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to requiring property owners of certain properties that have
been vacated or abandoned to inspect such property for abandoned compan-
ion animals
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require property owners to inspect
vacated and abandoned properties for the presence of abandoned companion
animals.
SUMMARY OF PROVISIONS:
Section 1: Paragraph c of subdivision 2 of section 1307 of real property
actions and proceedings law is amended and new paragraphs e and f are
added to subdivision 2.
Section 2: Section 1971 of the real property actions and proceedings law
is amended by adding a new subdivision 3.
Section 3: Effective Date.
DIFFERENCE BETWEEN ORIGNAL AND AMENDED VERSION (IF APPLICABLE):
The A-print no longer amends the Agriculture and Markets Law; it instead
amends the Real Property Actions and Proceedings Law. The A-print
provides that a plaintiff, property owner, who commences a mortgage
foreclosure action must inspect a vacated or abandoned residential prop-
erty for abandoned companion animals. If the property owner fails to
conduct this inspection, the owner will be found in violation of this
section and subject to a civil penalty. If an abandoned companion animal
is found, the property owner must notify a dog control officer, the
police, or an agent or officer of a duly incorporated humane society or
duly incorporated society for the prevention of cruelty to animals. The
department or agency of a city, town or village responsible for the
enforcement of multiple dwelling law, multiple residence law, or the
occupancy and maintenance of residential property, would also be
required to conduct an inspection for abandoned companion animals if it
finds a dwelling to be abandoned.
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 Agriculture 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--A
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 -- recommitted to the Committee on Agriculture in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the real property actions and proceedings law, in
relation to requiring property owners of certain properties that have
been vacated or abandoned to inspect such property for abandoned
companion animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and paragraph (c) of subdivision 2 of
2 section 1307 of the real property actions and proceedings law, the open-
3 ing paragraph as added by chapter 507 of the laws of 2009 and paragraph
4 (c) as added by chapter 160 of the laws of 2022, are amended and two new
5 paragraphs (e) and (f) are added to read as follows:
6 Such plaintiff shall have the right to peaceably enter upon such prop-
7 erty, or to cause others to peaceably enter upon the property for the
8 limited purpose of inspections, repairs and maintenance as required by
9 this section, inspection for the presence of abandoned companion animals
10 in accordance with paragraph (e) or (f) of this subdivision, or as
11 otherwise ordered by court; provided, however, that if the property is
12 occupied by a tenant, at least seven days notice must be given to such
13 tenant, unless emergency repairs are required in which case reasonable
14 notice shall be provided to the tenant.
15 (c) Such plaintiff shall have the right to peaceably enter upon such
16 property, or to cause others to peaceably enter upon the property for
17 the limited purpose of inspections, repairs and maintenance as required
18 by this section, inspection for the presence of abandoned companion
19 animals in accordance with paragraph (e) or (f) of this subdivision, or
20 as otherwise ordered by court; provided, however, that if the property
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05452-04-6
A. 5505--A 2
1 is occupied by a tenant, at least seven days notice must be given to
2 such tenant, unless emergency repairs are required in which case reason-
3 able notice shall be provided to the tenant.
4 (e) If the plaintiff encounters a companion animal which appears to be
5 abandoned during an inspection performed under this subdivision, the
6 plaintiff shall immediately notify the dog control officer, the police,
7 or agent or officer of a duly incorporated humane society or duly incor-
8 porated society for the prevention of cruelty to animals about such
9 encounter, for the purpose of promptly retrieving or providing necessary
10 care for such companion animal at the property until the animal can be
11 retrieved. Any plaintiff who encounters an abandoned companion animal
12 pursuant to this paragraph shall not be deemed the owner, possessor or
13 person having charge or custody of the animal.
14 (f) Any plaintiff that fails to inspect a vacated or abandoned proper-
15 ty for abandoned companion animals in accordance with paragraph (e) of
16 this subdivision shall be subject to a civil penalty of not more than
17 five hundred dollars for a first offense and not more than one thousand
18 dollars for a second offense and each subsequent offense thereafter.
19 Funds collected pursuant to this subdivision shall be deposited into the
20 animal population control fund established pursuant to section ninety-
21 seven-xx of the state finance law. The attorney general shall have
22 authority to enforce the penalties in this paragraph.
23 § 2. Section 1971 of the real property actions and proceedings law is
24 amended by adding a new subdivision 3 to read as follows:
25 3. When the department finds that a dwelling is abandoned within the
26 meaning of this article, the department shall inspect the dwelling for
27 the presence of abandoned companion animals. If the department encount-
28 ers a companion animal which appears to be abandoned during such
29 inspection, the department shall immediately notify the dog control
30 officer, the police, or agent or officer of a duly incorporated humane
31 society or duly incorporated society for the prevention of cruelty to
32 animals about such encounter, for the purpose of promptly retrieving or
33 providing necessary care for such companion animal at the property
34 until the animal can be retrieved. The department or any department
35 employee who encounters an abandoned companion animal pursuant to this
36 subdivision shall not be deemed the owner, possessor or person having
37 charge or custody of the animal.
38 § 3. This act shall take effect immediately.
