Bill Text: CA AB2743 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Real property: rentals: animals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2743 Detail]

Download: California-2009-AB2743-Amended.html

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BILL NUMBER: AB 2743	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 7, 2010
	AMENDED IN ASSEMBLY  MAY 11, 2010
	AMENDED IN ASSEMBLY  APRIL 28, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

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, as amended, 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
that does not result in the declawing or devocalization of an animal.
This bill would also impose a civil penalty, not to exceed $2,500,
for each animal that is declawed or devocalized in violation of this
prohibition, to be paid to the owner or owners of an animal that is
declawed or devocalized in violation of these prohibitions. 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 charitable
organizations to enforce these prohibitions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated 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:
   1942.7.  (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:
   (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.
   (4) Give preferential treatment in the terms of the right of
occupancy or the provision of services to another person because that
person owns an animal that has been declawed or devocalized.
   (5) Discriminate in the terms of occupancy or the provision of
services against another person because that person owns an animal
that has not been declawed or devocalized.
   (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, an organization, formed in compliance with Section 501(c)(3)
of the Internal Revenue Code, that is dedicated to the protection of
animals or whose mission includes the protection of fair housing
laws has standing to enforce this  section. A person
  section and  may sue for declaratory relief,
injunctive relief, or for monetary relief as provided in paragraphs
(2) and (3).
   (2) In addition to any other penalty allowed by law, a violation
of this section that results in the declawing or devocalizing of an
animal shall result in a civil penalty of not more than two thousand
five hundred dollars ($2,500), per animal, to be paid to the person
whose animal was declawed or devocalized in violation of this section
or to an organization, formed in compliance with Section 501(c)(3)
of the Internal Revenue Code, that is authorized to bring an action
under this section.
   (3) In addition to any other penalty allowed by law, a violation
of this section that does not result in the declawing or devocalizing
of an animal shall result in a civil penalty of not more than one
thousand dollars ($1,000) to be paid to the plaintiff.