Bill Text: CA SB1229 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Real property: rentals: animals.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State. Chapter 596, Statutes of 2012. [SB1229 Detail]

Download: California-2011-SB1229-Chaptered.html

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BILL NUMBER: SB 1229	CHAPTERED
	BILL TEXT

	CHAPTER  596
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2012
	PASSED THE SENATE  AUGUST 31, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN ASSEMBLY  AUGUST 24, 2012
	AMENDED IN SENATE  MAY 10, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Pavley
   (Principal coauthor: Assembly Member Dickinson)
   (Coauthors: Assembly Members Gatto and Portantino)

                        FEBRUARY 23, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1229, Pavley. 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 as a
condition of occupancy. The bill would authorize specified law
enforcement prosecutorial entities to seek declaratory or injunctive
relief for a violation of these prohibitions. The bill would impose a
civil penalty, not to exceed $1,000, for each violation of these
provisions, to be paid to the law enforcement prosecutorial entity
that brings the action.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares:
   (a) The permanence of declawing and devocalizing 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.
   (b) 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) A 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, shall not 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 an 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 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) 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
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 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) "Owner" means any person who has any right, title, or interest
in real property.
   (c) (1) A city attorney, district attorney, or other law
enforcement prosecutorial entity has standing to enforce this section
and may sue for declaratory relief or injunctive relief for a
violation of this section, and to enforce the civil penalties
provided in paragraphs (2) and (3).
   (2) In addition to any other penalty allowed by law, a violation
of paragraph (1) of subdivision (a) shall result in a civil penalty
of not more than one thousand dollars ($1,000) per advertisement, to
be paid to the entity that is authorized to bring the action under
this section.
   (3) In addition to any other penalty allowed by law, a violation
of paragraph (2) or (3) of subdivision (a) shall result in a civil
penalty of not more than one thousand dollars ($1,000) per animal, to
be paid to the entity that is authorized to bring the action under
this section.