Bill Text: CA AB2760 | 2015-2016 | Regular Session | Amended
Bill Title: Landlord and tenant: support animals.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-05-03 - In committee: Set, final hearing. Hearing canceled at the request of author. From committee: Without further action pursuant to Joint Rule 62(a). [AB2760 Detail]
Download: California-2015-AB2760-Amended.html
BILL NUMBER: AB 2760 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2016
INTRODUCED BY Assembly Member Mathis
FEBRUARY 19, 2016
An act to add Section 1941.7 to the Civil Code, and to
amend Section 30851 of the Food and Agricultural Code,
relating to support animals.
LEGISLATIVE COUNSEL'S DIGEST
AB 2760, as amended, Mathis. Landlord and tenant: support animals.
Existing law regulates the relationship between landlord and
tenant and the terms and conditions of tenancies.
This bill would authorize a tenant to maintain a support animal,
as defined, on the property if specified conditions are met. This
bill would authorize a tenancy to be terminated or a tenant to be
denied accommodations on the property for having a support animal if
specified conditions apply. This bill would authorize the landlord to
require tenants with support animals to adhere to all standards that
are imposed uniformly on all tenants and to include the payment of
an extra charge or security deposit for maintaining a support animal
on the property. This bill would prohibit a tenant from maintaining
any protected species, venomous reptiles, amphibians or insects, or
any other illegal species as a support animal.
Existing law requires the owners of assistance dogs to comply with
all state and local ordinances regarding health and licensure
requirements.
This bill would expand that requirement by also making it
applicable to support animals.
This bill would authorize a residential lease to require a tenant
who possesses a support animal, as defined, on the rented premises or
associated common areas to be subject to specified conditions, and
would require a breach of these conditions, if contained in the
lease, to be a breach of the lease. The bill would provide that a
tenant or prospective tenant shall not be prohibited from possessing
a support animal on the rented premises or associated common areas if
the tenant or prospective tenant satisfies specified conditions.
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 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.
SECTION 1. Section 1941.7 is added to the Civil
Code, to read:
1941.7. (a) A tenant may maintain a support animal on the
property if both of the following conditions are met:
(1) The tenant has obtained a prescription validating the need for
the support animal from a California-licensed mental health care
professional that may be verified by the landlord.
(2) The tenant complies with all federal, state, and local
requirements, including, but not limited to, local licensing
requirements and limitations on the number of animals maintained on
the property.
(b) A tenancy may be terminated or a tenant may be denied
accommodations on the property for having a support animal if any of
the following apply:
(1) The support animal was brought on the property without notice
to the landlord.
(2) The support animal is not house broken.
(3) The support animal creates a financial hardship on the real
property owner.
(4) The support animal jeopardizes the availability of property
insurance.
(5) The support animal poses a threat to other tenants or the
property.
(c) The landlord may do both of the following:
(1) Require tenants with support animals to adhere to all
standards that are imposed uniformly on all tenants.
(2) Include the payment of an extra charge or security deposit for
maintaining a support animal on the property.
(d) A tenant shall not maintain any state or federally protected
species, venomous reptiles, amphibians or insects, or any other
illegal species as a support animal.
(e) For purposes of this section, both of the following
definitions shall apply:
(1) "Prescription" has the same meaning as that term is defined in
Section 4040 of Business and Professions Code.
(2) "Support animal" includes a support dog, companion animal,
emotional support animal, or assistive animal. A support animal does
not include a guide dog, signal dog, or service dog as defined in
subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1.
SEC. 2. Section 30851 of the Food and
Agricultural Code is amended to read:
30851. (a) The owners of assistance dogs and support animals
shall comply with all state and local ordinances regarding health and
licensure requirements.
(b) For purposes of this section, "support animal" has the same
meaning as that term is defined in Section 1941.7 of the Civil Code.
