Brooklyn, NY asked in Animal / Dog Law for New York

Q: Found a dog but could not find its owner. What are my rights?

My fiance and I found a dog walking around without a tag, and couldn't find out where she came from. We posted and checked lost dog groups on Facebook, checked the area and surrounding areas frequently but did not see any posters. We planned to foster the dog until we found the owner but it's been 3 months and said dog has become family. We don't know anything about her, can only figure her age to be about 6 months but we're not sure, and obviously need to take her to a vet for a checkup/any vaccines. Is there anyway that they could take the dog away if she's not microchipped? We really don't want to lose her. Can one even apply for a license for a found animal?

Also: if she is microchipped, what would I have to do?

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1 Lawyer Answer
Benjamin Z. Katz
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Answered

A: To apply for a dog license, most municipalities only require proof of vaccinations. However, before you do all that you must report to local law enforcement and check with local animal shelters. If you don't, any claim to ownership will be jeopardized for the future. You should also post information on an Internet site like Criagslist. There is generally a lost pets section. Once you do all those things and wait a reasonable period of time, it is appropriate to apply for a license. If you do all that and the owner appears at some time in the future you will have an arguable ownership claim. There is no way to guarantee that you will not have to deal with that situation at some point. If that were to happen, a civil proceeding may be necessary to determine whose rights to the dog are superior. Assuming you were to lose, you would still be entitled to recover financially for expenses relating to the dog's care.

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