BILL ANALYSIS
AB 2743
Page 1
ASSEMBLY THIRD READING
AB 2743 (Nava)
As Amended May 11, 2010
Majority vote
JUDICIARY 9-0
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|Ayes:|Feuer, Tran, Brownley, Evans, | | |
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| |Hagman, Jones, Monning, Nava, | | |
| |Skinner | | |
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| | | | |
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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
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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
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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 --
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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
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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