BILL ANALYSIS AB 2743 Page 1 ASSEMBLY THIRD READING AB 2743 (Nava) As Amended May 11, 2010 Majority vote JUDICIARY 9-0 ----------------------------------------------------------------- |Ayes:|Feuer, Tran, Brownley, Evans, | | | | | | | | | |Hagman, Jones, Monning, Nava, | | | | |Skinner | | | |-----+------------------------------+-+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Prohibits landlords from imposing conditions on occupancy of real property that might cause an animal that is allowed on the premises to be devocalized or declawed. Specifically, this bill : 1)Defines "devocalizing" to mean performing, procuring, or arranging for any nontherapeutic surgical procedure such as a vocal cordectomy, to remove an animal's vocal chords or to prevent the normal function of an animal's vocal chords. 2)Defines "declawing" to mean 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. 3)Prohibits a person or corporation that occupies, owns, manages, or provides services in connection with any real property, and that allows an animal on the premises, from doing any of the following: a) 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; b) 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 AB 2743 Page 2 refusal to declaw or devocalize any animal; c) Require any tenant or occupant of real property to declaw or devocalize any animal allowed on the premises; d) 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; and, e) 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. 4)Establishes that, in addition to those harmed by violation of this section, an organization, formed in compliance with Internal Revenue Code Section 501(c)(3), that is dedicated to the protection of animals has standing to enforce this act. 5)Provides for a civil penalty of not more than $2500 per animal for a violation of this act that causes the declawing or devocalization of the animal, to be paid to the person whose animal was declawed or devocalized, or to an organization, formed in compliance with Internal Revenue Code Section 501(c)(3), that is authorized to bring an action under this act. 6)Provides that violation of this section that has not caused the declawing or devocalizing of an animal shall result in a civil penalty of not more than $1,000 to be paid to the plaintiff. 7)Clarifies that nothing in this act shall prevent the inclusion in an occupancy agreement of a provision that a present or potential occupant may not declaw or devocalize an animal that will be allowed on the premises. 8)Makes legislative findings and declarations. FISCAL EFFECT : None COMMENTS : This bill, sponsored by the Paw Project, seeks to prohibit landlords and other persons who own or manage real property from imposing conditions on occupancy of the property AB 2743 Page 3 that might cause an animal that is allowed on the premises to be devocalized or declawed. This bill broadly prohibits landlords and property owners from taking any actions that might put people in the untenable position of having to choose between their housing accommodations or having a veterinarian perform declawing or devocalizing surgery on their pet animal. The bill also seeks to protect prospective tenants and occupants by broadly prohibiting discrimination, preferential treatment, and advertising of property available for occupancy based on certain debarking or declawing considerations. According to the author, this bill seeks to put an end to the problematic practice of some landlords in California imposing conditions on occupancy of their property that may cause some prospective tenants or occupants in turn to have their animals declawed or devocalized. The author explains "A search of rental listings throughout California produces a number of properties with landlords and managers requiring that potential owners will be considered only with declawed cats or devocalized dogs. Both of these practices can have unintended consequences for property managers, physical complications for animals, and emotional and financial consequences for pet owners. AB 2743 will rectify this situation by prohibiting this condition of tenancy." This bill only applies when the landlord, manager, or property owner, as defined, already allows an animal to be on the premises before imposing any condition or taking any action to have that animal declawed or devocalized. In other words, this bill does not apply to any situation where the party making the property available for occupancy specifically forbids an animal on the premises. This bill does not infringe upon a landlord's ability to implement a "no-pets" policy or to forbid a tenant or occupant from having an animal on the premises. There is no language in this bill limiting its application prospectively to occupancy of property commencing after the date the bill becomes effective. Instead, once this bill becomes effective it would seem to immediately apply to prohibit landlords and property owners from imposing conditions on existing tenants or occupants of property that might cause an animal allowed on the premises to be declawed or devocalized. This bill is intended to apply to all real property -- AB 2743 Page 4 commercial, residential, and mixed-use. The bill proscribes conduct not only by landlords, as that term is generally defined, but by any "person or corporation that occupies, owns, manages, or provides services in connection with any real property." The prohibited conduct could be within an ordinary landlord-tenant relationship, but also applies to landlords and occupants, tenants and subtenants, and between roommates or co-occupants of real property. The bill is also intended to cover situations where a landlord or other person intimidates an occupant but does not go so far as to expressly condition the right of occupancy on completion of the declawing or devocalizing procedure. The bill provides for two levels of civil penalties. First, if a person requires a tenant or occupant of real property to declaw or devocalize any animal allowed on the premises, and that requirement causes the animal to be declawed or devocalized, then that violation is punishable by a civil penalty up to $2500. Second, all other violations that do not result in the declawing or devocalization of an animal allowed on the premises are punishable by a civil penalty not to exceed $1000. These include, generally, advertising the availability of real property for occupancy in a manner designed to discourage application for occupancy, refusal to allow or negotiate the occupancy of any real property, and any discrimination or preferential treatment in the terms of occupancy or the provision of services against another person based on whether that person's animal has or has not been devocalized or declawed. This bill authorizes any person harmed by a violation of this act--including tenants, occupants, and a third party owner of an animal that was devocalized or declawed-to have standing to enforce the statute. In addition, an organization, formed in compliance with Internal Revenue Code Section 501(c)(3), that is dedicated to the protection of animals has standing to enforce this. According to the author, this will provide a mechanism for potential enforcement in cases where a tenant or occupant cannot or will not enforce the statute out of fear of retaliation by the landlord. When the statute is enforced by an individual, a $2500 civil penalty is always paid to the person whose animal was declawed or devocalized, while any $1000 civil penalty is paid to the individual bringing the action. When the statute is AB 2743 Page 5 enforced by an authorized Internal Revenue Code Section 501(c)(3) organization, then any civil penalty is paid to the organization itself, as an incentive to enforce the statute. Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334 FN: 0004269