BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2743| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2743 Author: Nava (D) Amended: 8/20/10 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE : 3-2, 6/15/10 AYES: Corbett, Hancock, Leno NOES: Harman, Walters SENATE FLOOR : 19-14, 8/11/10 (FAIL) AYES: Alquist, Cedillo, Corbett, DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Padilla, Pavley, Price, Romero, Simitian, Steinberg, Strickland, Yee NOES: Aanestad, Ashburn, Cogdill, Correa, Denham, Dutton, Emmerson, Harman, Hollingsworth, Huff, Runner, Wolk, Wright, Wyland NO VOTE RECORDED: Calderon, Negrete McLeod, Oropeza, Walters, Wiggins, Vacancy, Vacancy ASSEMBLY FLOOR : 63-7, 5/13/10 - See last page for vote SUBJECT : Real property: rentals: animals SOURCE : Paw Project DIGEST : This bill prohibits a landlord that allows tenants or occupants to have animals on the premises from doing any of the following: (1) advertising the property in a way that discourages an individual from applying CONTINUED AB 2743 Page 2 because their animal is not declawed or devocalized, (2) refusing to allow, negotiate, or make the property available for occupancy because of a person's refusal to declaw or devocalize an animal, (3) requiring a tenant or occupant to declaw or devocalize an animal that is allowed on the premises. Senate Floor Amendments of 8/20/10 strike the proposed prohibition on preferential treatment and discrimination, and revise civil penalty provisions. Senate Floor Amendments of 7/15/10 make a technical/clarifying change. ANALYSIS : 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 prohibits 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 imposes a civil penalty, not to exceed $1,000, for each violationof these provisions, to be paid to the person or entity that brings the action. This bill specifically authorizes a person to seek declaratory or injunctive relief for a violation of this prohibition. This bill additionally authorizes specifiedlaw enforcement prosecutorial entities to enforce these prohibitions. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/4/10) Paw Project (source) California Apartment Association California Rural Legal Assistance Foundation City of West Hollywood Nolan-Taft Management AB 2743 Page 3 United Animal Nations Western Center on Law & Poverty OPPOSITION : (Verified 8/4/10) California Veterinary Medical Association The Animal Council ARGUMENTS IN SUPPORT : According to the author's office, "Eight local governments in California have recently banned the practice of cat declawing (Berkeley, Beverly Hills, Burbank, Culver City, Los Angeles, San Francisco, Santa Monica, West Hollywood), recognizing the practice as inhumane. And many governments at all levels have banned the practice of devocalization. Nonetheless, 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." ARGUMENTS IN OPPOSITION : The Animal Council, in opposition, contends, "Amending the well understood word "debark" - simply reducing volume of barking - to the term "devocalize" being used by political opponents of this lawful veterinary procedure leads to inaccurate presumptions that a dog would be rendered silent. Rather debarked dogs retain a wide range of noise making abilities that can be annoying or disturbing to the legal public nuisance level in residential settings and [result in] law enforcement action against the owner and dog. Intentional use of other than plain language in legislation is troubling and problematic. Also, because pet keeping tenants are not a legally protected class, granting standing to enforce and obtain their own civil penalties to certain organizations only increases the incentive for landlords to bar all pets rather than risk the costs of dealing with adversarial, sometimes ideologically inclined organizations not otherwise interested in a party [or] the tenancy. Lack of or loss of rental housing is a major relinquishment risk for pets, [such] that AB 2743 . . . creates additional barriers to rental housing for pet AB 2743 Page 4 owners and new disincentives to landlords to individually negotiate pet rentals either at the beginning of or during tenancy." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Arambula, Bass, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Charles Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Galgiani, Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, John A. Perez NOES: Anderson, Conway, Gaines, Garrick, Gilmore, Harkey, Logue NO VOTE RECORDED: Caballero, Cook, DeVore, Hagman, Jeffries, Knight, Norby, Silva, Skinner, Vacancy RJG:dok 8/23/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****