Senate Bill S1784

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1784--A
     Cal. No. 514
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced by Sens. HINCHEY, ADDABBO, ASHBY, BORRELLO, CANZONERI-FITZPA-
   TRICK,  HARCKHAM, MATTERA, MURRAY, RHOADS, ROLISON, WEBB -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Agriculture -- recommitted  to  the  Committee  on  Agriculture  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  passed  by  Senate  and delivered to the Assembly, recalled,
   vote reconsidered, restored to  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05452-05-6
 S. 1784--A                          2
 
 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 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.