NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10082B
SPONSOR: Titone
 
TITLE OF BILL:
An act to amend the general business law, in relation to certain lease
agreements concerning dogs and cats
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prohibit contracts where the dogs or cats are
used as collateral.
 
SUMMARY OF PROVISIONS:
A new Section 753-e would be added to the Agriculture and Markets Law
prohibiting contracts for the purchase or financing of purchases of dogs
or cats that authorize the use of a dog or cat as security and the
repossession of the pet when payments are not made. Purchases made with
personal unsecured loans are not prohibited. All other laws protecting
consumers who purchase dogs and cats and the sellers are not limited by
the provision s of this law. A violation of this section could result
in a pet dealer's license being denied, suspended or revoked.
 
JUSTIFICATION:
Pet leasing is a predatory practice that preys on people who cannot
always afford a companion animal. Many do not understand they are enter-
ing into a lease agreement for an animal for multiple months. In the
process, these individuals are forced to pay far more than they real-
ized. These high interest lease arrangements mean the adopting family
does not legally own their new pet. The leasing entity is the legal
owner of the animal until all terms of the lease are met. Rhode Island
and California have already outlawed this financial scheme. This legis-
lation will put to an end the deceptive practice of pet leasing in New
York State.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
10082--B
IN ASSEMBLY
March 14, 2018
___________
Introduced by M. of A. TITONE, JEAN-PIERRE, D'URSO, MOSLEY, L. ROSEN-
THAL, ENGLEBRIGHT, ORTIZ, M. G. MILLER, DINOWITZ, RA, MONTESANO,
MURRAY, McDONOUGH, NIOU, GUNTHER, WILLIAMS, WEPRIN, COLTON, NORRIS,
BYRNE, GLICK, BLAKE, COOK, SKOUFIS, BRABENEC, O'DONNELL, WOERNER,
DAVILA, GALEF -- Multi-Sponsored by -- M. of A. ERRIGO, GIGLIO, HEVE-
SI, WRIGHT -- read once and referred to the Committee on Agriculture
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the general business law, in relation to certain lease
agreements concerning dogs and cats
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 753-e to read as follows:
3 § 753-e. Prohibited contracts. No contract for the purchase of a dog
4 or a cat or the financing of such purchase shall include any provisions
5 which authorize the use of a dog or a cat as security where such dog or
6 cat may be repossessed by the seller or lender contingent on the
7 purchaser making payments under such contract. Provided, however, noth-
8 ing in this section shall prohibit the purchase of a dog or cat through
9 an unsecured personal loan, nor be construed to limit the enforcement of
10 other provisions of this article, article twenty-six-a of the agricul-
11 ture and markets law or other rights or remedies which are otherwise
12 available to all parties under any other law.
13 § 2. Subdivision 1-a of section 755 of the general business law, as
14 added by chapter 259 of the laws of 2000, is amended to read as follows:
15 1-a. Any person who violates any provision of section seven hundred
16 fifty-three-a, seven hundred fifty-three-b, [or] seven hundred fifty-
17 three-c, or seven hundred fifty-three-e of this article may also be
18 subject to denial, suspension, revocation of, or refusal to renew a pet
19 dealer license, in accordance with the provisions of sections four
20 hundred three and four hundred four of the agriculture and markets law.
21 § 3. This act shall take effect on the ninetieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14227-07-8