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AB-2743 Real property: rentals: animals.(2009-2010)

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Enrolled  August 31, 2010
Passed  IN  Senate  August 24, 2010
Passed  IN  Assembly  August 25, 2010
Amended  IN  Senate  August 20, 2010
Amended  IN  Senate  July 15, 2010
Amended  IN  Senate  June 07, 2010
Amended  IN  Assembly  May 11, 2010
Amended  IN  Assembly  April 28, 2010
Amended  IN  Assembly  April 08, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 2743


Introduced  by  Assembly Member Nava

February 19, 2010


An act to add Section 1942.7 to the Civil Code, relating to rental property.


LEGISLATIVE COUNSEL'S DIGEST


AB 2743, Nava. Real property: rentals: animals.
Existing law regulates the terms and conditions of residential tenancies and governs the obligations of tenants and landlords under a lease or tenancy.
This bill would prohibit a landlord, that allows a tenant to have an animal on the premises, from advertising or establishing rental policies in a manner that requires a tenant or a potential tenant with an animal to have that animal declawed or devocalized, for nontherapeutic purposes, as a condition of occupancy. This bill would impose a civil penalty, not to exceed $1,000, for each violation of these provisions, to be paid to the person or entity that brings the action. This bill would specifically authorize a person to seek declaratory or injunctive relief for a violation of this prohibition.
This bill would additionally authorize specified law enforcement prosecutorial entities to enforce these prohibitions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares:
(a) Declawing and devocalizing are veterinary surgical procedures that have irreversible effects on the animals that undergo these procedures.
(b) Declawing and devocalizing have been associated with unintended behavioral consequences that could lead to potential public health and safety concerns; for example, increased aggression and litter box avoidance by declawed cats and the possible safety risk to law enforcement officers posed by a devocalized dog present on property that law enforcement officers have legal cause to enter.
(c) The permanence of these surgical procedures contrasts with the temporary nature of the occupancy of real property owned by another, which generally lasts only for a fixed term and may be terminated upon notice by one of the parties.
(d) Therefore, it is the intent of the Legislature to restrict the ability of a person or corporation to impose conditions on occupancy of property that are based on declawing or devocalizing an animal that is allowed on the premises.

SEC. 2.

 Section 1942.7 is added to the Civil Code, to read:

(a) No person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual’s or corporation’s agents or successors-in-interest, and that allows an animal on the premises, may do any of the following:

1942.7.
 (1) Advertise, through any means, the availability of real property for occupancy in a manner designed to discourage application for occupancy of that real property because the applicant’s animal has not been declawed or devocalized.
(2) Refuse to allow the occupancy of any real property, refuse to negotiate the occupancy of any real property, or to otherwise make unavailable or deny to any other person the occupancy of any real property because of that person’s refusal to declaw or devocalize any animal.
(3) Require any tenant or occupant of real property to declaw or devocalize any animal allowed on the premises.
(b) Nothing in this section shall prevent the inclusion, in an occupancy agreement, of a provision that a present or potential occupant may not declaw or devocalize any animal that will be allowed on the premises.
(c) For purposes of this section, the following definitions apply:
(1) “Animal” means any mammal, bird, reptile, or amphibian.
(2) “Application for occupancy” means all phases of the process of applying for the right to occupy real property, including, but not limited to, filling out applications, interviewing, and submitting references.
(3) “Claw” means a hardened keratinized modification of the epidermis, or a hardened keratinized growth, that extends from the end of the digits of certain mammals, birds, reptiles, and amphibians, often commonly referred to as a “claw,” “talon,” or “nail.”
(4) “Declawing” means performing, procuring, or arranging for any nontherapeutic surgical procedure, such as an onychectomy, tendonectomy, or phalangectomy, to remove or to prevent the normal function of an animal’s claw or claws.
(5) “Devocalizing” means performing, procuring, or arranging for any nontherapeutic surgical procedure such as a vocal cordectomy, to remove an animal’s vocal cords or to prevent the normal function of an animal’s vocal cords.
(6) “Nontherapeutic” refers to a surgical procedure that is performed without there being a medical necessity to address the medical condition of an animal, such as an existing or recurring illness, infection, disease, injury, or abnormal condition that compromises the animal’s health. “Nontherapeutic” procedures include those procedures performed for cosmetic or aesthetic reasons, or reasons of perceived need or convenience in keeping or handling the animal.
(7) “Owner” means any person who has any right, title, or interest in real property.
(d) (1) In addition to any person harmed by a violation of this section, a city attorney, district attorney, or other law enforcement prosecutorial entity has standing to enforce this section and may sue for declaratory relief, injunctive relief, or for monetary relief as provided in paragraph (2).
(2) In addition to any other penalty allowed by law, a violation of this section shall result in a civil penalty of not more than one thousand dollars ($1,000), per animal, to be paid to the person or entity that is authorized to bring an action under this section.