S T A T E O F N E W Y O R K
________________________________________________________________________
5505--A
2025-2026 Regular Sessions
I N A S S E M B L Y
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:
Section 1. The opening paragraph and paragraph (c) of subdivision 2 of
section 1307 of the real property actions and proceedings law, the open-
ing paragraph as added by chapter 507 of the laws of 2009 and paragraph
(c) as added by chapter 160 of the laws of 2022, are amended and two new
paragraphs (e) and (f) are added to read as follows:
Such plaintiff shall have the right to peaceably enter upon such prop-
erty, or to cause others to peaceably enter upon the property for the
limited purpose of inspections, repairs and maintenance as required by
this section, INSPECTION FOR THE PRESENCE OF ABANDONED COMPANION ANIMALS
IN ACCORDANCE WITH PARAGRAPH (E) OR (F) OF THIS SUBDIVISION, or as
otherwise ordered by court; provided, however, that if the property is
occupied by a tenant, at least seven days notice must be given to such
tenant, unless emergency repairs are required in which case reasonable
notice shall be provided to the tenant.
(c) Such plaintiff shall have the right to peaceably enter upon such
property, or to cause others to peaceably enter upon the property for
the limited purpose of inspections, repairs and maintenance as required
by this section, INSPECTION FOR THE PRESENCE OF ABANDONED COMPANION
ANIMALS IN ACCORDANCE WITH PARAGRAPH (E) OR (F) OF THIS SUBDIVISION, or
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
is occupied by a tenant, at least seven days notice must be given to
such tenant, unless emergency repairs are required in which case reason-
able notice shall be provided to the tenant.
(E) IF THE PLAINTIFF ENCOUNTERS A COMPANION ANIMAL WHICH APPEARS TO BE
ABANDONED DURING AN INSPECTION PERFORMED UNDER THIS SUBDIVISION, THE
PLAINTIFF SHALL IMMEDIATELY NOTIFY THE DOG CONTROL OFFICER, THE POLICE,
OR AGENT OR OFFICER OF A DULY INCORPORATED HUMANE SOCIETY OR DULY INCOR-
PORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS ABOUT SUCH
ENCOUNTER, FOR THE PURPOSE OF PROMPTLY RETRIEVING OR PROVIDING NECESSARY
CARE FOR SUCH COMPANION ANIMAL AT THE PROPERTY UNTIL THE ANIMAL CAN BE
RETRIEVED. ANY PLAINTIFF WHO ENCOUNTERS AN ABANDONED COMPANION ANIMAL
PURSUANT TO THIS PARAGRAPH SHALL NOT BE DEEMED THE OWNER, POSSESSOR OR
PERSON HAVING CHARGE OR CUSTODY OF THE ANIMAL.
(F) ANY PLAINTIFF THAT FAILS TO INSPECT A VACATED OR ABANDONED PROPER-
TY FOR ABANDONED COMPANION ANIMALS IN ACCORDANCE WITH PARAGRAPH (E) OF
THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN
FIVE HUNDRED DOLLARS FOR A FIRST OFFENSE AND NOT MORE THAN ONE THOUSAND
DOLLARS FOR A SECOND OFFENSE AND EACH SUBSEQUENT OFFENSE THEREAFTER.
FUNDS COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE DEPOSITED INTO THE
ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO SECTION NINETY-
SEVEN-XX OF THE STATE FINANCE LAW. THE ATTORNEY GENERAL SHALL HAVE
AUTHORITY TO ENFORCE THE PENALTIES IN THIS PARAGRAPH.
§ 2. Section 1971 of the real property actions and proceedings law is
amended by adding a new subdivision 3 to read as follows:
3. WHEN THE DEPARTMENT FINDS THAT A DWELLING IS ABANDONED WITHIN THE
MEANING OF THIS ARTICLE, THE DEPARTMENT SHALL INSPECT THE DWELLING FOR
THE PRESENCE OF ABANDONED COMPANION ANIMALS. IF THE DEPARTMENT ENCOUNT-
ERS A COMPANION ANIMAL WHICH APPEARS TO BE ABANDONED DURING SUCH
INSPECTION, THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE DOG CONTROL
OFFICER, THE POLICE, OR AGENT OR OFFICER OF A DULY INCORPORATED HUMANE
SOCIETY OR DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS ABOUT SUCH ENCOUNTER, FOR THE PURPOSE OF PROMPTLY RETRIEVING OR
PROVIDING NECESSARY CARE FOR SUCH COMPANION ANIMAL AT THE PROPERTY
UNTIL THE ANIMAL CAN BE RETRIEVED. THE DEPARTMENT OR ANY DEPARTMENT
EMPLOYEE WHO ENCOUNTERS AN ABANDONED COMPANION ANIMAL PURSUANT TO THIS
SUBDIVISION SHALL NOT BE DEEMED THE OWNER, POSSESSOR OR PERSON HAVING
CHARGE OR CUSTODY OF THE ANIMAL.
§ 3. This act shall take effect immediately.