Too Much of a Good Thing: A Call for Widespread Enactment of Animal Hoarding Laws
Halley Stewart
Introduction
Many animal shelters across the country are currently facing a dire situation where willing adopters are needed to save vulnerable shelter animals from euthanasia. In most situations, having adopters willing to open their homes to shelter animals is a wonderful thing; however, some individuals take this good act too far. When the number of cats, dogs, and/or other companion animals kept within one household exceeds the amount that the owners can provide adequate care for – this is defined as animal hoarding. [1]
Animal hoarding creates unsanitary conditions that, coupled with a lack of proper space, nutrition, and medical care, often result in malnutrition, overpopulation, psychological distress, and illness of the hoarded animals. [2] Remaining in these conditions for an extended period can cause the animals to develop serious medical conditions including cancers, infections, advanced eye and dental diseases, and even death. [3] Additionally, living in these unsanitary conditions can also have several health risks for human inhabitants. [4] Inhalation of ammonia from animal waste, and close contact with fleas, ticks, and animal-borne illnesses can lead to respiratory issues, bacterial infections, contraction of zoonotic diseases, and parasitic infections in exposed humans. [5]
Background
When considering the poor conditions that most hoarded animals are subjected to, it is easy to view hoarders as intentionally neglectful animal abusers. However, most animal hoarding situations begin with a contrary goal. Animal hoarding instead typically stems from a compulsive desire to collect or rescue animals so they can be well cared for. [6] Most hoarders have every intention of providing an adequate home for their animals, but instead, their actions lead to accidental or unintentional neglect and abuse. [7] Hoarders develop intense emotional connections to their animals that allow them to overlook the unsanitary conditions and make them unable to let go of any animals. [8]
Approximately 250,000 animals, per year, are victims of animal hoarding, and this number continues to increase annually. [9] It is not usual for a single hoarder to possess upwards of a hundred dogs and/or cats. [10] Because hoarding often happens behind closed doors, it can be difficult to detect and stop. [11] Additionally, the recidivism rate of animal hoarders is approximately 100%. [12] Thus, even if a hoarding situation is identified and all the affected animals are removed, the hoarder is likely to begin accumulating animals again. [13] Due to the volume of animals affected, and the severity and duration of the animals’ suffering, animal hoarding is currently regarded as the biggest companion animal crisis in the United States. [14]
Issue
While it is easy to see the effect animal hoarding has on the humans and animals directly involved, the impact it also has on the community as a whole is often overlooked. Hoarding affects the property of surrounding neighbors and/or businesses. Homes, where hoarding occurs, are often so unsanitary that they must be condemned. [15] Additionally, the homes and surrounding properties are often contaminated with parasites and bacteria from animal waste. [16] This creates a potential biohazard that poses a risk to any individuals or other animals that come in contact with the property.
The treatment of the animals confiscated from a hoarder has an even larger impact on the community. Most, if not all, seized animals will require both routine medical care, as well as treatment for any diseases, conditions, and/or infections resulting from the hoarding conditions they were housed in. Additionally, because animals in these situations are often kept in overcrowded, tight quarters, with little interaction with the outside world, they are often poorly socialized. [17] Thus, many hoarded animals require rehabilitation and training to overcome their fears and learned behaviors before they can be placed available for adoption. The combination of health issues and behavioral issues present in many hoarding victims can cause decreased adoption interest. Due to all of these factors, a single hoarding case has the ability to completely bankrupt a local shelter. [18]
While all fifty states have adopted some version of an animal protection statute, the majority of these laws are aimed at intentional animal abuse and/or neglect, and thus, fail to properly address animal hoarding. [19] Further, the minimum standards of care required by some state statutes are vague and require only access to food and water. For example, New Mexico’s animal cruelty statute states:
“B. Cruelty to animals consists of a person:
1) negligently mistreating, injuring, killing without lawful justification or tormenting an animal; or
(2) abandoning or failing to provide necessary sustenance to an animal under that person’s custody or control.” [20]
Further, some state statutes do not mandate the seizure of all animals upon conviction and/or do not authorize post-convictions bans against again possessing animals. [21] Current animal cruelty laws leave gaps that allow offenders to escape conviction and lack proper provisions to ensure that convicted individuals do not become repeat offenders.
Resolution
Widespread adoption of animal cruelty laws that specifically address the conditions of animal hoarding is the first step needed to help combat this issue. The definition of minimum care required for the substance of animals should mirror that of Hawaii’s Animal Protection Law which requires owners to provide food of sufficient quantity and quality, open access to water of sufficient quality and quantity, protection from the elements, areas of confinement of adequate size and kept clean and dry, and veterinarian care as needed. [22]
Additionally, the statutes should include a mandatory surrender or seizure of all animals owned by an individual convicted of animal cruelty, as well as an option for the sentencing to include a post-conviction bar against owning, possessing, or having direct contact with more animals. [23] Because animal hoarding is a response of a compulsive mental disorder, sentencing provisions should also include authorization for a mental health evaluation and treatment if deemed necessary. [24]
In addition to changes to state legislature, proactive measures should be taken to prevent hoarding. One of the most important steps is providing education about the signs of animal hoarding to both the general public and law enforcement officers. [25] Because animal hoarding frequently happens privately within a home, informing the public of the signs is the best option for improved detection. Another proactive measure taken by some cities is the adoption of ordinances that limit the number of companion animals that may be possessed by one individual. While these ordinances may be met with some opposition, reasonable limits can prevent potential animal hoarders from reaching dangerous levels of animal possession.
A final solution is the establishment of a registry database of all convicted animal abusers in each state. This would allow animal shelters and humane societies to verify that a potential adopter has never been convicted of hoarding or any other animal cruelty offense.
Conclusion
In conclusion, animal hoarding is a widespread crisis affecting a quarter of a million animals each year. Animal hoarding negatively affects the animals and people directly involved, neighboring properties, and the surrounding community as a whole. The current animal cruelty laws in place do not appropriately recognize the offense of animal hoarding or provide sufficient remedies to help reduce its prevalence. Necessary steps to address these issues include the adoption of statutes that specifically address animal hoarding, education about the signs of hoarding, and the installation of registry systems that list convicted animal abusers.
About the Author
Halley Stewart is a first-year member on Volume 14. Originally from Fulton, KY, Halley attended Murray State University and received her Bachelor’s Degree in Wildlife & Conservation Biology. She currently works as a law clerk at Rolfes Henry Co., LPA. Halley is passionate about wildlife habitat protection and hopes to pursue a career in environmental law after graduation.
References
[1] Animal Hoarding Facts, Animal Legal Defense Fund (June 10, 2019), https://aldf.org/article/animal-hoarding-facts/.
[2] Animal Hoarding, ASPCA, https://www.aspca.org/helping-people-pets/animal-hoarding.
[3] Animal Hoarding Facts, supra note 1.
[4] Animal Hoarding, Anxiety & Depression Association of America, Animal Hoarding | Anxiety and Depression Association of America, ADAA.
[5] Emilie Le Beau Lucchesi, The Many Health Risks of Animal Hoarding, Discover Magazine (Mar. 17, 2022), The Many Health Risks of Animal Hoarding | Discover Magazine.
[6] Animal Hoarding, supra note 4.
[7] Id.
[8] Id.
[9] Animal Hoarding Facts, supra note 1.
[10] Id.
[11] Id.
[12] Animal Hoarding, The National Humane Education Society, https://www.nhes.org/animal-hoarding/.
[13] Id.
[14] Animal Hoarding Facts, supra note 1.
[15] Id.
[16] Id.
[17] Understanding and Caring for Rescued Hoarded Dogs, Best Friends Animal Society, Understanding and Caring for Rescued Hoarded Dogs (bestfriends.org).
[18] Animal Hoarding Facts, supra note 1.
[19] Animal Neglect Facts: State and Local Law, Animal Legal Defense Fund, Animal Neglect Facts: State and Local Law - Animal Legal Defense Fund (aldf.org).
[20] N.M. Stat. Ann. § 30-18-1(B)(1)(2).
[21] 2021 U.S. State Animal Protection Laws Rankings, Animal Defense Fund, https://aldf.org/project/us-state-rankings/.
[22] Haw. Rev. Stat. Ann. § 711-1100.
[23] Animal Hoarding Facts, supra note 1.
[24] Id.
[25] Id.