Today's Law As Amended


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AB-2760 Landlord and tenant: support animals.(2015-2016)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) That service animals are a special class of animals uniquely deserving of protections and accommodations in law, and are already clearly defined in California law and in federal law.
(b) That so-called “support,” “companion,” or “emotional support” animals are not clearly defined in law, and their appropriate use in the context of rental housing requires clarification.
(c) That it is beneficial to supply additional guidance to both landlords and tenants as to appropriate conditions regarding support animals that may be included within a residential lease.
(d) That this act is intended to supply identifying criteria for support animals and to distinguish them from service animals and from other pets and to ensure that support animals are not barred from a tenancy by a “no pets” policy.

SEC. 2.

 Section 1941.7 is added to the Civil Code, to read:

1941.7.
 (a) A residential lease may require a tenant who possesses a support animal on the rented premises or associated common areas to be subject to the following conditions:
(1) That the tenant notify, and receive approval from, the landlord prior to bringing the support animal on the rented premises or associated common areas.
(2) That the support animal be housebroken.
(3) That the support animal not disturb the quiet enjoyment of the premises by other tenants or pose a threat to other tenants or their property.
(4) That the presence of the animal not jeopardize the availability or price of insurance.
(b) If a tenant or prospective tenant satisfies the conditions specified in subdivision (a), the tenant or prospective tenant shall not be prohibited from possessing a support animal on the rented premises or associated common areas.
(c) If a residential lease contains the conditions described in subdivision (a), a breach of any one of the conditions constitutes a breach of the lease.
(d) This section shall not affect either of the following:
(1) The amount of, or ability to pursue, a security deposit, including a pet deposit, under any law.
(2) The ability or rights under any law to possess a service animal.
(e) For purposes of this section, all of the following shall apply:
(1) “Prescribed” has the same meaning as the term “prescription” as that term is defined by Section 4040 of the Business and Professions Code.
(2) “Service animal” includes any of the following:
(A) A “guide dog” as defined by clause (i) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1.
(B) A “signal dog” as defined by clause (ii) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1.
(C) A “service dog” as defined by clause (iii) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1.
(D) A “service animal” as defined by Section 113903 of the Health and Safety Code.
(3) “Support animal” means a support dog, companion animal, emotional support animal, or assistive animal that is prescribed by a California licensed physician or licensed mental health professional in order to treat a mental or emotional illness or mental or emotional disability. A support animal does not include a service animal.