BODEGA CATS in NYC

... why I reconsidered my position

AI Overview says this about Bodega Cats.

• New York City Estimates: It is estimated that between 30% and 40% of NYC’s more than 10,000 bodegas have a resident cat. This leads to an approximate population of up to 4,000 bodega cats in the city.

• Legality: Bodega cats are technically a violation of the New York City Health Code, which prohibits live animals in food establishments (excluding service animals and fish in tanks). Owners who have them face potential fines, but many consider this a cost of doing business, preferable to a rodent infestation.

That is a lot of cats. But hopefully, with cooperation, a manageable number.

I’ve been opposed to bodegas having cats (store cats) since I first became aware of them more than 30 years ago. My experience was that they were often not spayed or neutered, which contributed to the overpopulation problem; ran into the street – killed by dogs, cars or cruel people; kept tied up in basements, and generally lacked proper care. Now, sometime later, not that much has changed. Many store owners intentionally breed their cats and sell the offspring. When cats reach maturity and go into heat or spray, they are often dumped - intact - on the streets, contributing to the suffering and chronic overpopulation issue of cats. They get away with it because existing laws are not enforced. The photo below is attributed to Bookstore cats on Instagram. This is exactly what happens in some establishments. There are about five kittens in this photo. It’s assumed that each will be given away, either to another bodega or a friend. Most will not be neutered. Each will most likely go on to have litters of 4-5 kittens - That’s about 20-25 additional cats that will contribute to the chronic overpopulation. Their future looks dim.

We don’t need more cats in this city, as adorable as they are. The Animal Care Center (ACC) reports these latest numbers for 2024. This does not address the feral and stray cat population, which is estimated to be around 500,000 to 1,000,000.

The NYC Health Code prohibits cats in establishments that sell open food. The NYS Department of Agriculture and Markets is the main agency for licensing and inspection, coordinating with local health departments.

Yet, many of these stores have cats. I don’t know how they deal with DoH inspectors – pay the fine?; hide the cat? If they hear that inspectors are in the neighborhood, throw the cat out on the street? Whatever they do, store cats have proliferated. It is cheaper to pay a fine for having a cat than a fine for rodent infestation.

I absolutely adore cats. They are my favorite animals in the whole world. I love dogs, too, but cats rule. But I want them to be loved, safe, and cared for. Some years back, I rescued cats on the Upper West Side and then found homes. I hated that part because even though I checked references and visited homes, I was never sure. I wanted perfection, and it was too nerve-wracking for me. I am better at activism.

Recently, I became more aware of the present-day bodega cat issue. Former Council Member Keith Powers’ office reached out to me in June 2025, asking my opinion on Powers’ “bodega cat” bill he planned to introduce into the City Council. This is part of my response:

“I am a long-time animal activist, and have been against store cats for many, many years. I’ve encountered many owners who play dumb about neutering their cats -- while their male cats impregnate the neighborhood, and the female continues to get pregnant -- with the store owner selling the litters. Many don’t want to spay or neuter for this reason, but also the cost, and ethnic and religious beliefs. They will also not want to spend upwards of $1,000 on a cat spay. I’ve seen cats outside on the street getting hit by cars because the store owner is too ignorant to keep them inside. How will you resolve these issues?

As with the ban on backyard breeding law, which few know about (and certainly not the ones who continue to do it) -- if this is passed, the same thing will happen. CM Powers is out at the end of the year, and most likely Eric Adams. It’s fine to have such laws on the books, but if they are not publicized, enforced, and compliance made easy, they are worthless.

This is not a “cute” issue - it is life and death for the cat. This bill must have enforcement written into it. Otherwise, it is just a seal of approval for bodega owners to have cats, whether fixed or not.

UPDATE: I never received a response, and my concerns were ignored. Keith Powers was term-limited out and lost the election for Manhattan Borough President. The second sponsor on the bill was also term-limited.

In the meantime, I became aware of NYS Assembly Member Linda Rosenthal’s state bill on bodega cats – already introduced. (See link below.) This has promise, and Rosenthal has an excellent record passing bills on animal issues that became law – Among them are the ban prohibiting cat declawing and prohibiting stores from selling cats and dogs.

So I began to research the issue and learned that a book, Bodega Cats of New York, which documents these cats around NYC, is expected to be published this year. While the pictures are beautiful, the idea is far too cute for my taste. This article from NPR is what I mean – too cutesy. I hope I am wrong. Even the NY Times got into the cutesy game. It’s not funny, and it is irresponsible.

Then I found a letter published in the NY Times on October 4, 1993, titled “Food Store Owners Who Keep Cats Are Breaking the Law

Hmmm – Interesting. More than 30 years ago. I looked at who wrote it, and it was – Me.

To the Editor:

It is a violation of the New York City Code for food establishments to keep animals. This includes retail food stores, delicatessens, grocery stores that make sandwiches or have salad bars, and restaurants. And yet many of these stores keep cats as mousers with the full knowledge that they are breaking the law.

For every store owner who cares about the cat, there are hundreds who have no sensitivity to the animal, whose primary role is that of a nontoxic rodent controller. Most of these unfortunate cats are not spayed or neutered because their owners are ignorant, cheap, or just don’t care.

The female cats have litter after litter -- many ending on the street, taken to the American Society for the Prevention of Cruelty to Animals, where they are killed, or given away for the asking to people who haven’t a clue about providing a responsible home. The males, victims of their hormones, escape the store to mate with the local stray females, adding to the overpopulation problem. And when they begin to spray, they are usually dumped on the street anyway.

The animals are often physically abused, kicked back downstairs to the basement when their curious nature brings them to the main floor, where often the only kind words and affection is given to them by customers. They are generally not given proper food or adequate water -- and most have never seen the inside of a veterinarian’s office for preventive vaccinations and health care.

It cost New York City $4.5 million for animal control last year, which included killing more than 40,000 “surplus” cats and dogs. Store owners continue to add to the overpopulation, getting away with murder, while we foot the bill.

The law should be enforced for the welfare of the animals. Or the law should be amended to allow stores to keep cats, but only with safeguards and controls.

These should include special licensing of cats; mandatory spaying or neutering and vaccinations; stipulations about proper care and diet; a maximum of one cat to a store. It might include a grandfather clause to allow only stores that had more than one cat before the law’s enactment to keep them.

A special force would need to be created to monitor the stores. Its cost could be paid by the special license fees. ELIZABETH FOREL New York, Sept. 24, 1993

The photo above is from W.42ndst.com about a cat abandoned in a bodega when it closed down in the spring of 2024. I’ve previously encountered this situation - and it is heartbreaking and brain-numbing. Hell’s Kitchen Heroes: Neighbors Band Together to Rescue Abandoned Bodega Cat Leila

I don’t have a sense of humor when it comes to the way cats are treated in our society and in many bodegas. Although I had been adamantly opposed to cats in bodegas, nothing has changed. They are still there. And it is still illegal. I don’t want a run on these stores by the NYPD removing the cats - they would only be killed. That’s out of the question. Store owners will continue to get cats – illegal or not – so we have to figure out how to deal with it.

The situation brings to mind what happened in 2015 when then NYS Governor Andrew Cuomo vetoed a bill that would have provided funding for TNR (trap, neuter, return) rescuers. It was opposed by the Audubon Society, NYS Humane Association, and PETA. They all had their own reasons – ranging from outdoor cats killing birds to their view that it is inhumane for cats. I never understood it because opposing the bill and getting the governor to veto it did not reduce the cat population – it only increased it because there were not enough resources.

NYS ASSEMBLYMEMBER LINDA ROSENTHAL’S BILL A08341

This is the Rosenthal bill - A08341 - AN ACT to amend the Agriculture and Markets Law, in relation to establishing the health and safety guidelines for cats living in retail food stores.

At this point, before it goes into the required committees, it is intentionally not specific in some areas.

By introducing a general concept, sponsors allow time for feedback from industry experts, advocates, and constituents before locking in specific, binding legal text.

From the bill: This legislation will update these guidelines to allow for the keeping
of bodega cats; provided they are being cared for humanely and responsibly-
To be in compliance, the legislation would require shop owners to verify that the cat has received regular veterinary care, has been spayed or neutered and has access to food, water and areas to rest.
These standards will provide clear expectations for the keeping of bodega cats by small businesses and protect small businesses from costly fines. This legislation aims to honor a New York City tradition while prioritizing the health and safety of both the bodega cats and customers.

credit - NPR

MY SUGGESTIONS

• SPAY/NEUTER - while the specifics have to be worked out, I come down on the side of requiring store owners to pay for the procedure and vaccinations. Why? Depending on the facility, the cost can be less than the $200-$350 fine that store owners now pay for keeping a cat in their store. They must take responsibility for the cats.
  Who will be responsible for the actual spay/neuter process - i.e., who will identify the cats?; prepare them for the surgery, etc. - essentially take charge of this process. It should not be the store owner.

• IDENTIFICATION - Store cats must be both microchipped and required to wear a breakaway (quick-release) collar that can open under pressure if the cat is caught on something. This should include an ID tag, which has the cat’s name and the name/address of the store. Many bodegas leave their doors open, and cats go onto the sidewalk and street. An ID tag would allow the cat to have immediate identification and facilitate his or her return to the bodega. The use of only a microchip would require the cat be brought to a shelter or veterinarian for identification.

• LICENSING should also be considered. Currently, fees collected for dog licenses are directed to the state Animal Population Control Fund. A similar concept can be used for licensing Bodega cats.

• ENFORCEMENT is always an issue unless it is planned for in the law. For example, the “back yard breeding” bill that went into effect in December 2024 is largely unknown, and the practice continues. There was no enforcement mechanism.

• OTHER BUSINESSES - While this bill only refers to Bodegas, some restaurants and “convenience” stores (no open food) have cats. They should also be included.

  Much work needs to be done to develop and expand this project. But I welcome it only because Bodega cats need protection.

I stress a well-thought-out enforcement component of this project. The bill will fail unless this is considered.

A WARNING — An example of “rules” with no enforcement mechanism can be seen in the NYC Housing Authority’s (NYCHA) pet policy, instituted in 2009. The policy restricts renters to either one dog or one cat per apartment; the maximum weight for dogs was reduced from 40 to 25 pounds; pitbulls, dobermans, and rottweilers are banned; all animals must be spayed or neutered. For the most part, this policy has not been enforced because there was never a mechanism in place to do so. This has resulted in many intact dogs and cats living at NYCHA developments and reproducing. Rescuers have told me about cats thrown out in the hallways or dumped outside on the premises, keeping TNR rescuers busy dealing with the offspring, many of whom are feral. I have seen pitbulls roaming in some developments, scaring and killing cats.

NYCHA is also an example of the failed NYC backyard breeding bill that does not have an enforcement component.

This should be a lesson to all. Without enforcement written into the law, the bill will fail.