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: A1769
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:
Often times when people are forced from their homes it is due to finan-
cial reasons or a change in lifestyle or re-location. These types of
reasons for vacating a home can occasionally lead individuals to make
hasty and desperate decisions for their pets. These types of decisions
can also have profound and sometime lethal consequences for their aban-
doned 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 in order for the animal to be
removed or cared for until such time as it can be removed. The legis-
lation 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 the Agriculture Committee.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This legislation will have no local fiscal implications for State and
Local government; 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
________________________________________________________________________
1769
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
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, within three days of such vacancy, inspect the property
10 for the presence of abandoned animals. If the property owner, lessor, or
11 designee encounters an animal which appears to be abandoned on such
12 property, such owner, lessor, or designee shall immediately notify the
13 dog control officer, the police, or agent or officer of a duly incorpo-
14 rated society for the prevention of cruelty to animals about such
15 encounter, for the purpose of promptly retrieving or providing necessary
16 care for such animal at the property until the animal can be retrieved.
17 The property owner, lessor, or designee who encounters an abandoned
18 animal pursuant to this paragraph shall not be deemed the owner, posses-
19 sor or person having charge or custody of the animal.
20 b. A property owner or lessor, or such property owner or lessor's
21 designee, who fails to comply with the requirements of paragraph a of
22 this subdivision shall be subject to a civil penalty of not more than
23 five hundred dollars for a first offense and not more than one thousand
24 dollars for a second offense and each subsequent offense thereafter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02881-01-1
A. 1769 2
1 Funds collected pursuant to this subdivision shall be deposited into the
2 animal population control fund established pursuant to section ninety-
3 seven-xx of the state finance law.
4 c. Nothing in this section shall be construed to limit or restrict in
5 any way agents or officers of societies for the prevention of cruelty to
6 animals or the police from enforcing provisions of this article or any
7 other law relating to abandonment of animals or the inhumane treatment
8 of or cruelty to animals.
9 § 2. This act shall take effect immediately.
