Relates to the care and collection of abandoned animals on vacant property; requires notification to the appropriate authorities by anyone authorized to be on vacant land where such person finds an animal which based on its physical appearance or lack of available food or water appears abandoned, within six hours of an encounter.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2129
SPONSOR: Rosenthal L
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to the care
and collection of animals on vacant property
This bill requires the notification of an animal control officer or
other authorized agent when authorized persons encounter an animal that
has been abandoned on property vacated through lease termination, prop-
erty foreclosure or eviction.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 373 of the agriculture and markets law by
adding subdivision 2-a.
Section two sets forth the effective date.
As a consequence of the sub-prime mortgage crisis and the broader
economic downturn, residential properties across New York have been
abandoned as owners default or renters are evicted from their homes.
This economic trend has led to a corresponding increase in animal aban-
donment as companion animals are left behind. Through this legislation,
those who encounter abandoned animals will have the basic framework
regarding the proper notification of animal care and control officials.
This legislation is needed to help prevent the starvation and death of
animals as a result of owners and caretakers leaving them behind on
2019-20: A.750 - Referred to Judiciary; S.3412 -Passed Senate
2017-18: A.4168 - Referred to Judiciary
2015-16: A.686 - Referred to Judiciary
2013-14: A.1083 - Referred to Judiciary
2011-12: A.9319-B - Referred to Judiciary
None to the State.
This bill shall take effect on the sixtieth day after it shall have
STATE OF NEW YORK
2021-2022 Regular Sessions
January 14, 2021
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the agriculture and markets law, in relation to the care
and collection of animals on vacant property
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, any person or entity who is
6 authorized to be on property that has been vacated as a result of an
7 eviction, property foreclosure, forfeiture or default on a mortgage,
8 trust deed or land sales contract, or abandonment who encounters an
9 animal which based on its physical appearance or lack of available food
10 or water appears abandoned on such property shall promptly, but not
11 later than six hours after such encounter, notify the dog control offi-
12 cer, the police, or agent or officer of a duly incorporated society for
13 the prevention of cruelty to animals about such encounter, for the
14 purpose of promptly retrieving or providing necessary care for such
15 animal at the property until the animal can be retrieved. Animals
16 removed from the premises shall be placed in the custody of a pound,
17 duly incorporated society for the prevention of cruelty to animals, duly
18 incorporated humane society, or duly incorporated animal protective
19 association and cared for in accordance with the provisions of this
20 section, section three hundred seventy-four of this article, section one
21 hundred seventeen of this chapter, and all other laws and ordinances
22 that govern the humane treatment of animals. Failure to provide notifi-
23 cation as provided for in this subdivision shall be a violation.
24 b. Nothing in this section shall be construed to limit or restrict in
25 any way agents or officers of societies for the prevention of cruelty to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 2129 2
1 animals or the police from enforcing provisions of this article or any
2 other law relating to abandonment of animals or the inhumane treatment
3 of or cruelty to animals.
4 § 2. This act shall take effect on the sixtieth day after it shall
5 have become a law.