The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10333

                          I N  A S S E M B L Y

                             April 29, 2020
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the domestic  relations  law  and  the  agriculture  and
  markets  law,  in  relation  to providing for the legal ownership of a
  companion animal

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  domestic  relations  law  is amended by adding a new
section 256 to read as follows:
  § 256. ORDER TO CARE FOR COMPANION ANIMAL PENDING FINAL DETERMINATION;
ASSIGNMENT OF SOLE OR JOINT OWNERSHIP. 1. NOTWITHSTANDING ANY OTHER  LAW
TO THE CONTRARY, THE COURT, AT THE REQUEST OF A PARTY TO PROCEEDINGS FOR
DISSOLUTION  OF  MARRIAGE  OR  FOR  LEGAL SEPARATION OF THE PARTIES, MAY
ENTER AN ORDER PRIOR TO  THE  FINAL  DETERMINATION  OF  OWNERSHIP  OF  A
COMPANION  ANIMAL  TO  REQUIRE  A PARTY TO CARE FOR THE COMPANION ANIMAL
TAKING INTO CONSIDERATION THE WELL-BEING OF SUCH COMPANION  ANIMAL.  THE
EXISTENCE  OF  AN  ORDER  PROVIDING  FOR  THE CARE OF A COMPANION ANIMAL
DURING THE COURSE OF PROCEEDINGS  SHALL  NOT  HAVE  ANY  IMPACT  ON  THE
COURT'S FINAL DETERMINATION OF OWNERSHIP OF THE COMPANION ANIMAL.
  2. NOTWITHSTANDING ANY OTHER LAW, THE COURT, AT THE REQUEST OF A PARTY
TO  PROCEEDINGS  FOR  DISSOLUTION OF MARRIAGE OR FOR LEGAL SEPARATION OF
THE PARTIES, MAY ASSIGN SOLE OR JOINT OWNERSHIP OF THE COMPANION  ANIMAL
TAKING INTO CONSIDERATION THE WELL-BEING OF THE COMPANION ANIMAL.
  3.  "COMPANION  ANIMAL,"  AS USED IN THIS SECTION, SHALL HAVE THE SAME
MEANING AS IN SUBDIVISION FIVE OF SECTION THREE  HUNDRED  FIFTY  OF  THE
AGRICULTURE AND MARKETS LAW.
  §  2.  The  agriculture  and  markets  law  is amended by adding a new
section 382 to read as follows:
  § 382. ORDER AWARDING  LEGAL  OWNERSHIP  OF  A  COMPANION  ANIMAL.  1.
NOTWITHSTANDING ANY OTHER LAW, A PERSON MAY COMMENCE AN ACTION TO DETER-
MINE  THE  LEGAL  OWNERSHIP  OF A COMPANION ANIMAL WHO RESIDES WITH SUCH
PERSON IF SUCH COMPANION ANIMAL:
  (A) RESIDES WITH TWO OR MORE PERSONS IN THE SAME RESIDENCE OR DWELLING
UNIT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15878-01-0

A. 10333                            2

  (B) WAS PURCHASED COLLECTIVELY BY ALL SUCH  PERSONS  WHO  RESIDE  WITH
SUCH COMPANION ANIMAL;
  (C) IS CARED FOR COLLECTIVELY BY ALL SUCH PERSONS; AND
  (D) HAS NO LAWFUL OWNER OR LAWFUL ORDER OF POSSESSION.
  2.  NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE COURT MAY ENTER
AN ORDER PRIOR TO THE FINAL DETERMINATION OF OWNERSHIP  OF  A  COMPANION
ANIMAL  TO  REQUIRE A PARTY TO CARE FOR THE COMPANION ANIMAL TAKING INTO
CONSIDERATION THE WELL-BEING OF SUCH COMPANION ANIMAL. THE EXISTENCE  OF
AN  ORDER PROVIDING FOR THE CARE OF A COMPANION ANIMAL DURING THE COURSE
OF PROCEEDINGS SHALL NOT HAVE ANY IMPACT ON THE COURT'S  FINAL  DETERMI-
NATION OF OWNERSHIP OF THE COMPANION ANIMAL.
  3. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE COURT MAY ASSIGN
SOLE  OR  JOINT  OWNERSHIP OF THE COMPANION ANIMAL TAKING INTO CONSIDER-
ATION THE WELL-BEING OF THE COMPANION ANIMAL.
  4. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A) "CARE" SHALL INCLUDE BUT NOT BE LIMITED TO THE PREVENTION OF  ACTS
OF  TORTURE  OR  CRUELTY  AS DEFINED IN SUBDIVISION TWO OF SECTION THREE
HUNDRED FIFTY OF THIS ARTICLE.
  (B) "COMPANION ANIMAL" SHALL HAVE THE SAME MEANING AS  IN  SUBDIVISION
FIVE OF SECTION THREE HUNDRED FIFTY OF THIS ARTICLE.
  (C) "JOINT TENANT" OR "CO-TENANT" SHALL MEAN AN OCCUPANT PURSUANT TO A
LEASE  OR  RENTAL  AGREEMENT FOR RESIDENTIAL REAL PROPERTY OR A DWELLING
UNIT WHO ENTERS INTO SUCH LEASE OR RENTAL AGREEMENT WITH ANOTHER  PERSON
OR PERSONS OTHER THAN THE LANDLORD.
  (D)  "LANDLORD" SHALL MEAN ANY PERSON WHO IS (I) THE LESSOR IN A RESI-
DENTIAL REAL PROPERTY TRANSACTION OR (II) IS THE LESSOR OF A MULTIFAMILY
DWELLING UNIT TRANSACTION.
  (E) "PERSON" SHALL MEAN EITHER A TENANT, JOINT  TENANT,  CO-TENANT  OR
SUBTENANT,  DEPENDING ON THE TERMS OF THE LEASE OR RENTAL AGREEMENT, WHO
IS NOT IN A DOMESTIC RELATIONSHIP OR MARRIAGE  WITH  THE  OTHER  TENANT,
JOINT TENANT, CO-TENANT OR SUBTENANT.
  (F)  "SUBTENANT"  SHALL  MEAN A PERSON WHOSE RIGHT TO OCCUPY AND USE A
PREMISE ACCORDING TO THE TERMS OF THE LEASE OR RENTAL AGREEMENT  IS  NOT
DERIVED FROM A LEASE OR RENTAL AGREEMENT WITH A LANDLORD.
  (G)  "TENANT"  SHALL  MEAN  AN  OCCUPANT PURSUANT TO A LEASE OR RENTAL
AGREEMENT FOR RESIDENTIAL REAL PROPERTY OR A DWELLING UNIT,  OTHER  THAN
AN OWNER.
  §  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.