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;








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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  








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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  








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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 


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