2023 New York Laws › AGM - Agriculture and Markets › Article 26-C - Regulation of Animal Shelters › 425 - Animal Housing.

* § 425. Animal housing. 1. Each licensed animal shelter shall provide
each  animal  in  its  custody  or  possession  with  a suitable primary
enclosure that meets the requirements prescribed in this section.
2. Unsupervised tethering for  periods  exceeding  thirty  minutes  is
prohibited.
3. Animal housing shall meet the following requirements:
(a)  materials  used  in  housing  construction  shall  be non-porous,
water-resistant, non-toxic, and able to withstand regular  cleaning  and
disinfection;
(b)  drainage  shall prevent accumulation of water or other liquids on
floors; and
(c) housing shall be structurally sound, in good repair and maintained
in a safe,  working  condition  to  properly  confine  animals,  prevent
injury,  keep  animals  safe from predation, keep other animals out, and
allow animals to remain dry and clean.
4. Wire or slat-bottom cages are prohibited unless  a  solid  tray  is
provided for the cage bottom to prevent injury to the animal.
5. Animal populations shall be segregated appropriately, in accordance
with the following requirements:
(a)  dogs and cats shall be housed in separate rooms with efforts made
to minimize the exposure of cats to the barking of dogs  to  the  extent
practicable;
(b) animals of the same species shall be separated by age groups (e.g.
neonates  and  juveniles;  adults)  except  that  nursing animals may be
housed with their offspring;
(c) animals with known  or  suspected  infectious  diseases  shall  be
housed  in  isolation areas as prescribed in subdivision nine of section
four hundred twenty-four of this article;
(d) nothing in this subdivision shall  be  construed  to  prevent  the
temporary  housing  of  animals  in  areas  without such segregation for
medical care and in pre- and post-operative surgical areas.
6. Well-socialized, healthy animals may be housed  with  one  or  more
conspecifics.  Animals  housed  together  shall  be  compatible and have
similar  environmental  requirements.  Such  housing  shall  not   allow
exposure to numerous different animals on a frequently changing basis.
7.  Prior to being housed with one or more other animals the following
conditions shall apply:
(a) all animals are vaccinated  and  dewormed  against  the  pathogens
specified in section four hundred twenty-nine of this article;
(b)  physical  examinations verifying the absence of clinical signs of
infectious diseases have been performed;
(c) surgical sterilization or housing in  same-sex  groupings,  except
littermates under twelve weeks of age; and
(d)   the   animal   has   a   collar  or  tag  to  facilitate  visual
identification, unless the  animal's  age  or  condition  is  such  that
application  of  visual  identification  is  not practicable or would be
detrimental to the animal's health.
8. Animals that are poorly socialized, fearful, or aggressive  towards
other  animals or that are ill, injured, or within a week of whelping or
queening shall be housed individually  in  a  suitably  sized,  enriched
primary enclosure.
(a)  Littermates  under the age of twelve weeks may be co-housed in an
isolation area if all individuals are infected with the same infectious,
contagious, parasitic or communicable disease.
(b) Dogs and cats within a week of giving birth  or  until  separation
from the offspring shall be provided with a box with a solid floor large
enough  to  allow  the  animal  to  lie  fully  stretched  on  its side,
permitting all offspring to nurse and to accommodate all offspring until

weaned; and an area large enough to allow the dam or queen to leave  the
whelping box.
9. Each enclosure shall clearly indicate the identities of all animals
contained within, specifying each animal's unique identifier as required
under  section  four  hundred  twenty-three of this article. Each animal
shall also be individually identified.
10. All primary enclosures shall provide  sufficient  space  to  allow
each animal, regardless of species, to:
(a) make all normal postural adjustments;
(b)  fully  stretch  its  body and have sufficient room to circle, lie
down, and stand upright without the head or tail touching the  sides  of
the  enclosure  even  with  the  presence of water and food bowls, beds,
litter boxes, and other normal cage objects; and
(c) allow animals to sit, sleep and  eat  away  from  areas  of  their
enclosure where they defecate and urinate.
11.  Any  primary  enclosure housing two or more animals shall provide
the following:
(a) sufficient space and quality of environment to allow  all  animals
to maintain social distances;
(b)  adequate areas for hiding, resting, feeding, and elimination with
sufficient space to separate areas and the ability for  all  animals  to
access those areas.
12.  Regardless  of  the  size of the primary enclosure, the number of
animals cohoused in a primary enclosure at one time shall not exceed the
following thresholds:
(a) twelve adult cats;
(b) two litters of kittens not to exceed ten kittens total;
(c) five adult dogs; or
(d) one litter of puppies.
13. Puppies and kittens less than sixteen weeks of age  shall  not  be
housed  in the same enclosure with adults other than their dam or queen,
or foster or surrogate dam or queen.
14. All  animals  housed  with  one  or  more  conspecifics  shall  be
separated  for  feeding  or  observed  at feeding times for antagonistic
interactions that pose a safety and welfare concern.
15. Animals shall not be housed outdoors for more  than  twelve  hours
within  a  twenty-four-hour  period,  with the exception of free-roaming
cats under the care of the animal shelter.
16.  Outdoor  primary  enclosures  shall  comply  with   all   housing
requirements prescribed in this section and shall provide the following:
(a) protection from the elements at all times;
(b)  adequate  drainage to prevent the accumulation of excess water in
or around the enclosures;
(c) a moisture-proof, insulated  shelter  structure  large  enough  to
simultaneously   accommodate   all  animals  in  the  enclosure,  unless
immediate entry to an indoor portion of the enclosure is accessible;
(d) security  from  unauthorized  entry  of  other  animals  into  the
enclosure;
(e)  a  separate, shaded area sufficient to simultaneously accommodate
all animals, except when animals have  immediate  access  to  an  indoor
portion of the enclosure;
(f)  clean dry bedding at all times and a heat source when the outdoor
temperature falls below fifty degrees fahrenheit; and
(g) enclosures that allow outdoor  access  for  cats  shall  be  fully
enclosed to prevent escape from the enclosure.
17.  For any animal in the custody or possession of any animal shelter
for fourteen days or longer, alternative housing shall  be  provided  in
one of the following formats:
(a)  enriched  cages at least twice the size otherwise required for an
animal's size;
(b)  foster care in a private home, office, or other suitable off-site
location; or
(c) room housing.
* NB Effective December 15, 2025