Is It Legal to Own a Monkey in New York? What State Law Actually Says
May 13, 2026
New York is one of the most wildlife-law-conscious states in the country, and if you have ever wondered whether you could keep a monkey as a pet here, the answer is a firm and clear no. All nonhuman primates — from tiny marmosets to large chimpanzees — fall under a statewide ban that has been in place since 2005, enforced by the New York Department of Environmental Conservation (DEC). Understanding exactly why the law exists, what it covers, and what happens if you ignore it can save you from serious legal and financial consequences.
This guide walks you through everything you need to know about monkey ownership laws in New York, including which species are affected, whether any exceptions exist, and what the real costs of monkey ownership would look like — even in states where it is permitted.
Is It Legal to Own a Monkey in New York
The New York Department of Environmental Conservation considers nonhuman primates one of the prohibited categories of wild animals, meaning monkeys are illegal to own anywhere in the state. This is not a gray area or a matter of local interpretation — it is a statewide prohibition backed by statute.
No person shall knowingly possess, harbor, sell, barter, transfer, exchange, or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went into effect may retain possession of such animal for the remainder of its life. That grandfather clause applied only to animals already in someone’s possession before January 1, 2005, and the window to register those animals with the DEC has long since closed.
New York law states you cannot own any wild animal, including non-domestic felines or canines, bears, crocodiles, venomous reptiles, and primates. Monkeys sit squarely within that prohibited list, and no permit pathway exists for private individuals who simply want a primate companion.
Key Insight: New York’s primate ban applies statewide. There is no county, permit, or workaround that allows a private resident to legally keep a monkey as a pet — the law covers all nonhuman primate species without exception for private ownership.
There is one narrow statutory exception worth knowing. A person who is paralyzed from the neck down may possess a New World monkey trained to perform tasks for its owner by an organization described in section 501(c) of the Internal Revenue Code of 1986 and dedicated to improving the quality of life of persons paralyzed from the neck down. This is a highly specific medical-assistance carve-out, not a general ownership right, and it applies only when the monkey is provided through a qualifying nonprofit organization.
Which Monkey Species Are Allowed or Banned in New York
All primates are illegal in New York, so you cannot own one as a pet. That prohibition is not limited to great apes or large, obviously dangerous species — it covers every primate, regardless of size or temperament.
The following species are among those explicitly or effectively banned for private pet ownership in New York:
- Capuchin monkeys — It is against the law to own a capuchin monkey in New York State.
- Chimpanzees, gorillas, orangutans, bonobos, and gibbons (great apes) — In New York, it is illegal to import, possess, or sell gorillas, chimpanzees, orangutans, bonobos, and gibbons for use as pets.
- Marmosets and tamarins — Covered under the same broad “nonhuman primate” classification in the Environmental Conservation Law.
- Spider monkeys, squirrel monkeys, macaques, and baboons — All fall within the prohibited primate category.
In New York, it is illegal to import, possess, or sell gorillas, chimpanzees, orangutans, bonobos, and gibbons for use as pets. Because apes are classified as “wild animals” under the state’s Environmental Conservation Law, they can only be imported, possessed, and sold by certain listed entities, including wildlife sanctuaries, educational institutions, and federally licensed exhibitors.
If you are drawn to the idea of a primate-like companion, primates are illegal in New York, but the kinkajou looks and acts extremely similar to primates with its long tail and tree-climbing capabilities. Kinkajous are related to raccoons, but as they are native to Central and South America, they are not under any native game laws. Keep in mind that kinkajous carry their own risks and care demands, so they are not a casual substitute. You might also want to explore other small monkey breeds to understand why these animals are so complex to keep in captivity, even in states that permit it.
Important Note: The ban on great apes in New York goes beyond the general wild animal prohibition. Because all ape species are federally listed as endangered or threatened, state law makes it illegal to import, export, transport, possess, or sell those animals without a DEC license — a license that is not available to private pet owners under any circumstances.
Permit and License Requirements for Monkey Ownership in New York
For most residents, there is no permit available. New York does not offer a private exotic pet permit for primates the way some other states do. The DEC does issue licenses for wild animals, but those are reserved for a narrow set of qualifying entities.
The law does not apply to zoological facilities licensed pursuant to federal law, or to exhibitors licensed pursuant to the Animal Welfare Act who have demonstrated to the department that the sole purpose for which the wild animal or animals are used is for exhibition to the public for profit or compensation. Private individuals do not qualify under either category.
Exotic pet owners, wild animal collectors, and animal dealers are not allowed to possess apes under that law and are not eligible for DEC licensure. The same principle applies to all other primates under the general wild animal prohibition in Environmental Conservation Law § 11-0512.
The only historical licensing pathway that existed was the grandfather clause for people who already owned a primate before January 1, 2005. It is illegal to import, possess, or sell apes for use as pets, but individuals who had pet apes prior to January 1, 2005 may keep their apes for the remainder of the animals’ lives if they qualify for, and obtain, a Department of Environmental Conservation (DEC) license. That window is closed. No new grandfather licenses are being issued.
At the federal level, the USDA Animal Welfare Act also regulates the interstate transport and commercial sale of primates. Even if you were somehow able to obtain a monkey in another state, transporting it into New York for use as a pet would still violate state law.
Pro Tip: If you work in research, education, or exhibition and believe your organization may qualify for a DEC license involving primates, contact the New York DEC’s Division of Fish and Wildlife directly. Do not assume your organization qualifies — the requirements are strict and the licensing conditions are extensive.
Local Laws That May Still Apply in New York
Nothing contained in the state section prevents any city, town, or county from enacting more restrictive provisions governing the possession of wild animals for use as pets. In practice, this means that even if the state law were somehow not applicable in a given scenario, local governments can and do pile on additional prohibitions.
Several New York municipalities have their own explicit primate bans:
- New York City: It is illegal to possess, harbor, sell, or give away any great ape within the city limits. The ban does not apply to certain zoos, laboratories, circuses, or to certain other exhibitors who have obtained a permit from the Commissioner.
- Long Beach: No premises within the city limits may be used to harbor monkeys or any “dangerous” or “obnoxious” animals.
- Rochester: It is illegal to import, own, possess, harbor, or keep any great ape within the city limits. The ban does not apply to the Seneca Park Zoo, Animal Services, educational institutions, circuses, and Animal Services-approved wild animal exhibitors.
New York City’s rules are especially layered. The city of New York has very tight restrictions on which animals New Yorkers can own. Animals that might be permitted at the state level — such as certain exotic marsupials — are often separately prohibited within the five boroughs. If you live in NYC, always check both state and city health code rules before researching any exotic animal.
Beyond city laws, homeowners associations may also prohibit exotic animals. Primate ownership can be regulated by any level of government. Your lease or HOA agreement may contain animal restrictions that go beyond what state or local law requires.
New York is also home to a wide variety of fascinating native wildlife — from owls and hawks to bats and salamanders — none of which can legally be kept as pets without proper permits either.
Where You Can Legally Buy a Monkey in New York
The short answer is: you cannot. Because monkey ownership is banned for private residents throughout New York State, there is no legal marketplace for buying a pet monkey within the state. No licensed breeder, pet shop, or exotic animal auction can legally sell you a primate for use as a companion animal.
It is illegal to import, possess, sell, or otherwise transfer any ape for use as a pet in New York. This ban does not simply prohibit the possession of apes as pets, but it also bans the breeding and sale of those animals by private individuals, commercial dealers, and pet shops or exotic animal auctions.
The same principle extends to all primates under the general wild animal statute. Any person in possession of a wild animal as a pet that has been granted a license pursuant to the grandfather provision shall not breed, or sell, trade, barter, or exchange such wild animal. Even the handful of individuals who legally retained grandfathered primates from before 2005 cannot legally sell or transfer those animals to you.
Purchasing a monkey out of state and bringing it into New York would also be illegal. The law prohibits importation of primates for use as pets, not just possession within the state. Online marketplaces and private sellers advertising “pet monkeys” to New York residents are operating outside the law, and buying from them exposes you to the same penalties as any other violation.
Common Mistake: Some people assume that buying a monkey in a state where it is legal and then moving to New York with it creates a legal gray area. It does not. New York’s prohibition on importing primates for use as pets applies regardless of where the animal was originally purchased.
If you are genuinely interested in primates, consider supporting a reputable sanctuary or visiting an accredited zoo. You can also learn more about types of spider monkeys and other primate species to better appreciate why these animals belong in specialized care environments rather than private homes.
What It Actually Costs to Own a Monkey in New York
While you cannot legally own a monkey in New York, understanding the real financial picture is useful — both to illustrate why the ban protects would-be owners as much as the animals, and to clarify what people in permissive states actually face.
A capuchin monkey typically costs $5,000 to $7,000, and even a small marmoset runs $1,500 to $4,000. That is only the acquisition cost. The ongoing expenses are far more significant.
| Cost Category | Estimated Annual Range | Notes |
|---|---|---|
| Specialized veterinary care | $1,000 – $3,000+ | Primate vets are rare; emergency care costs more |
| Diet and enrichment | $1,200 – $2,400 | Varied, species-appropriate diet required year-round |
| Enclosure construction and maintenance | $2,000 – $10,000+ | Large, complex enclosures are necessary for welfare |
| Liability insurance | $500 – $2,000+ | Standard homeowner policies typically exclude exotic animals |
| Permits and licensing (where applicable) | $100 – $500+ | Varies by state; not available in New York for private owners |
Primates are not domesticated pets. They require highly specialized diets, spacious and enriching enclosures, constant mental stimulation, and expert veterinary care. Finding a veterinarian qualified to treat primates in New York is itself a significant challenge, as most exotic animal vets do not have primate-specific training.
Capuchin monkeys are energetic animals that require enrichment and an active lifestyle, yet often when raised by humans, they rarely get enough stimulation. They may be adorable as babies, but as they get older, they get bored easily. They usually end up as incompatible pets, rendering them difficult to care for and resulting in rescue or euthanasia.
There is also a serious public health dimension. Herpes B is enzootic in macaques, the genus that includes rhesus monkeys. According to the CDC, 70 to 90 percent of adult macaques carry the virus. They typically show no symptoms, so there is no way to tell whether a macaque is infected by looking at it. If untreated, Herpes B causes encephalitis, a swelling of the brain that kills approximately 70 to 80 percent of infected humans. There is no vaccine. This public health risk is one of the reasons New York’s ban exists and is enforced seriously. You can read more about zoonotic diseases associated with primates to understand the broader health context.
Penalties for Illegally Owning a Monkey in New York
New York takes its wild animal laws seriously, and the penalties for violating them are real. Enforcement is handled by DEC law enforcement officers, and violations can result in both civil fines and criminal charges.
Under New York Environmental Conservation Law § 11-0512, any person who knowingly breeds a wild animal or knowingly possesses, owns, harbors, sells, barters, transfers, exchanges, or imports a wild animal for use as a pet in violation of the provisions of this section shall be subject to a penalty of not more than five hundred dollars for the first offense and not more than one thousand dollars for a second and subsequent offense.
Each instance of breeding, owning, harboring, sale, barter, release, transfer, exchange, or import of a wild animal in violation of this section shall constitute a separate offense. That means if you are found with multiple primates, each animal represents a separate chargeable offense.
Beyond the civil fine structure, the Agriculture and Markets Law § 370 adds a criminal layer. Any person who owns or possesses a wild animal or reptile capable of inflicting bodily harm upon a human being, who fails to exercise due care in safeguarding the public from attack by such wild animal or reptile, is guilty of a misdemeanor. The punishment for violation is imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both.
The financial consequences do not stop at fines. Any costs associated with seizing, transferring, recapturing, or euthanizing a wild animal shall be borne by the person who owned, harbored, or possessed the animal. If the DEC seizes your monkey and places it in a sanctuary or zoo, you pay for that process.
Anyone found with an exotic animal without the proper paperwork is subject to heavy fines and immediate seizure of the animal to a refuge or other government-funded exotic animal location. The animal is not returned to you after seizure — it is permanently removed from your possession.
Important Note: A real-world example of enforcement: state troopers rescued a monkey while seizing nearly 60 illegally possessed firearms, cocaine, and cash from a home in Austerlitz, NY. The monkey was given to the Department of Environmental Conservation, who then turned it over to a zoo to be cared for properly. Illegal primate ownership is not treated as a minor infraction.
If you are looking for a companion animal that is well-suited to New York life, there are many rewarding options that do not carry legal risk. You might explore popular cat breeds in New York or learn about the pros and cons of Yorkies as a small but spirited dog breed. For those who want something a little different, proper care for a Yorkie is a good starting point for understanding what committed exotic-adjacent pet ownership actually looks like within legal boundaries.
New York’s primate ban reflects a considered balance between individual interest and public safety. The law is clear, the penalties are real, and the enforcement is active. If you are passionate about primates, the most meaningful path forward is supporting accredited sanctuaries, advocating for primate welfare, or simply learning more about these remarkable animals from a respectful distance.