BILL ANALYSIS AB 2743 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2743 (Nava) As Amended August 20, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |63-7 |(May 13, 2010) |SENATE: |22-12|(August 24, | | | | | | |2010) | ----------------------------------------------------------------- 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 Page 2 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 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 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 Page 4 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