BILL ANALYSIS
AB 2743
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2743 (Nava)
As Amended August 20, 2010
Majority vote
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|ASSEMBLY: |63-7 |(May 13, 2010) |SENATE: |22-12|(August 24, |
| | | | | |2010) |
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Original Committee Reference: JUD.
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
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;
AB 2743
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4)Provides that, in addition to those harmed by violation of
this section, a city attorney, district attorney, or other law
enforcement prosecutorial entity has standing to enforce this
act, and to sue for declaratory relief, injunctive relief, and
for monetary relief, as provided, for violation of these
provisions.
5)Provides for a civil penalty of not more than $1,000 per
animal for a violation of this act to be paid to the person or
entity that is authorized to bring an action under this act.
6)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.
7)Makes legislative findings and declarations.
The Senate amendments :
1)Delete provisions that prohibit a person giving preferential
treatment to, or discriminating against, in terms of the right
of occupancy, another person based on whether that person owns
an animal that has or has not been declawed or devocalized.
2)Delete the authority of a 501(c)(3) organization that is
dedicated to the protection of animals or whose mission
includes protection of fair housing laws, to have standing to
enforce these provisions or to sue for declaratory,
injunctive, or monetary relief.
3)Decrease the civil penalty for any violation of this act from
$2,500 to $1,000, and clarify that the penalty shall be paid
to the person or entity that is authorized to bring a civil
action.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
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
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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 specified 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
prohibiting 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.
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
AB 2743
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of the declawing or devocalizing procedure.
The latest Senate amendments revise the enforcement provisions
of this bill to establish that, in addition to any person harmed
by violation under this act, a city attorney, district attorney,
or other law enforcement prosecutorial entity has standing to
enforce the statute, but certain 501(c)(3) organizations that
were previously authorized to enforce the act no longer have
such standing. In addition, the bill no longer provides for two
levels of civil penalties for different violations of this act.
Instead, as amended, the bill now simply provides that any
violation of this section shall result in a civil penalty of not
more than $1,000 to be paid to the person or entity authorized
to bring a civil action to enforce the statute.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0006641