§ 17-819 — Civil cause of action for persons denied possession of companion animals

§ 17-819 Civil cause of action for persons denied possession of companion animals.

a. Except as provided in this section or as otherwise provided by law, any person claiming to be denied possession of their companion animal by a landlord still in possession of such companion animal after the execution of a warrant of eviction or action taken pursuant to any order or judgment granting legal possession shall have a cause of action against such landlord in any court of competent jurisdiction for any or all of the following relief: 1. Compensatory and punitive damages; 2. Injunctive and declaratory relief; 3. An order of seizure pursuant to article 71 of the civil practice law and rules; 4. Attorney's fees and costs. b. No person shall be liable under this section if a companion animal is received by its owner or by an animal shelter, animal rescue group or any animal care and control organization approved or designated by or acting on behalf of the department within three days of the warrant of eviction or action taken pursuant to any order or judgment granting legal possession. c. Nothing in this section shall be construed to create a cause of action against: 1. The city of New York, or any agency, officer, employee, or agent thereof, including, but not limited to, any city marshal; 2. The state or any county or any municipality of New York or any agency, officer, employee or agent thereof; 3. The United States, or any other officer, employee or agent thereof; or 4. Any animal shelter, animal rescue group, or animal care and control organization approved or designated by or acting on behalf of the department, or any officer, employee or agent thereof. (L.L. 2019/222, 12/15/2019, eff. 1/14/2020)