BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Noreen Evans, Chair 2011-2012 Regular Session SB 1229 (Pavley) As Amended March 29, 2012 Hearing Date: May 1, 2012 Fiscal: No Urgency: No TW SUBJECT Real Property: Rentals: Animals DESCRIPTION This bill would prohibit a landlord who allows tenants or occupants to have animals on the premises from doing any of the following: advertising the property in a way that discourages individuals from applying because their animal is not declawed or devocalized; refusing to allow, negotiate, or make the property available for occupancy because of a person's refusal to declaw or devocalize an animal; or requiring a tenant or occupant to declaw or devocalize an animal that is allowed on the premises. This bill would permit a city or district attorney, other law enforcement prosecutorial entity, or any person harmed by a violation of these provisions to enforce these provisions and sue for declaratory relief, injunctive relief, or imposition of a civil penalty of $1,000 per animal for every violation. BACKGROUND This bill deals with the practice of "declawing" and "devocalizing" animals, and the issue of whether a landlord should be able to condition occupancy on the declawing or devocalizing of an animal. Onychectomy ("declawing") is an operation to remove an animal's claws by amputating the end bones of the animal's toes. The (more) SB 1229 (Pavley) Page 2 of ? operation is most commonly done to household cats, but on occasion is done to other animals. Except where medically necessary, the practice of declawing has been prohibited in other countries, including Australia, Brazil, Finland, Estonia, the Netherlands, Germany, Switzerland, Austria, and the United Kingdom. In California, eight cities - West Hollywood, San Francisco, Santa Monica, Los Angeles, Beverly Hills, Berkeley, Burbank, and Culver City, passed ordinances banning declawing. The ability for additional cities to pass ordinances was limited by SB 762 (Aanestad, Ch. 16, Stats. 2009), which made it unlawful for a city to prohibit a healing arts licensee (veterinarian) from engaging in any act or performing any procedure that falls within the professionally recognized scope of that licensee (declawing). That bill grandfathered in ordinances which were in effect prior to January 1, 2010. While declawing generally applies to cats, devocalizing most commonly applies to dogs (although cats can be devocalized as well). Also known as debarking, bark softening, ventriculocordectomy, or vocal cordectomy, devocalizing is an operation to remove tissue from the animal's vocal cords so as to permanently reduce the volume of their vocalizations. The operation is prohibited in the United Kingdom. This bill is substantially similar to AB 2743 (Nava, 2010), which passed this committee on a vote of 3-2, but was vetoed by Governor Schwarzenegger, who argued that the legislative findings and declarations in that bill were unsupported by science and certain language in the bill was overbroad and included a prohibition on legitimate medical needs of a pet owner. This bill, on the other hand, contains revised legislative findings and narrows the scope of the prohibition. As a result of concerns about the practice of landlords only permitting pets in a rental property if they are declawed or devocalized, this bill, sponsored by the Humane Society Veterinary Medical Association and The Paw Project, would enact various prohibitions that seek to ensure that if pets are allowed, the pet's owner is not required to declaw or devocalize the animal in order to rent the property. CHANGES TO EXISTING LAW Existing law prohibits any person from performing, or otherwise procuring or arranging for the performance of, surgical claw SB 1229 (Pavley) Page 3 of ? removal, declawing, onychectomy, or tendonectomy on any cat that is a member of an exotic or native wild cat species, and from otherwise altering such a cat's toes, claws, or paws to prevent the normal function of the cat's toes, claws, or paws, unless the procedure is performed solely for a therapeutic purpose. (Pen. Code Sec. 597.6.) Existing law generally prohibits discrimination and related conduct with respect to the rental or sale of housing accommodations on the basis of a person's race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, and other factors. (Gov. Code Sec. 12955.) Existing law generally regulates the terms and conditions of residential tenancies and governs the obligations of tenants and landlord under a lease or tenancy. (Civ. Code Sec. 1940 et seq.) This bill would prohibit any person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual's or corporation's agents or successors-in-interest, from doing any of the following if they allow an animal on the premises: 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; 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; or require any tenant or occupant of real property to declaw or devocalize any animal allowed on the premises. This bill would confer standing to enforce the bill's provisions on a city or district attorney, other law enforcement prosecutorial entity, or any person harmed by a violation. This bill also would provide that a person may sue for declaratory relief, injunctive relief, or for monetary relief as provided below. This bill would provide that, in addition to any other penalty, a violation of the bill that results in the declawing or devocalizing of an animal shall result in a civil penalty of not SB 1229 (Pavley) Page 4 of ? more than $1,000, per animal, to be paid to the person whose animal was declawed or devocalized in violation, or to an entity that is authorized to bring an action. This bill would define animal, application for occupancy, claw, declawing, devocalizing, and owner. COMMENT 1. Stated need for the bill The author writes: There is an ongoing practice of some landlords conditioning occupancy of rental housing on the declawing of cats and/or the devocalizing of dogs. Many rental listings in California show a number of properties with landlords and managers that require potential tenants to declaw or devocalize their pets as a condition of tenancy. Declawing and devocalizing are permanent procedures and such procedures run counter to the temporary nature of rental occupancy. The Humane Society Veterinary Medical Association, a co-sponsor of this bill, writes: SB 1229 will protect tenants from being forced to choose between securing housing for their families and subjecting their pets to unnecessary, costly and life-altering medical procedures. . . . SB 1229 is a common-sense measure that will ensure that important medical decisions about companion animals are not made in the context of rental agreements but rather in consultation with veterinary medical professionals and focused on the animals' health and well-being. 2. Proposed restrictions The Paw Project, a co-sponsor of this bill, asserts that the proposed restrictions seek to protect animals "from unnecessary and harmful surgeries, while tenants will be protected from having to make a harmful choice when trying to find housing, and finally, landlords will have even more protection for their properties." To effectuate that goal, this bill would enact three related prohibitions on advertising, refusing occupancy, and requiring tenants to actually declaw or devocalize. SB 1229 (Pavley) Page 5 of ? a. Advertising This bill would prohibit a person or corporation from advertising the availability of real property in a manner that is designed to discourage a person from applying because their animal has not been declawed or devocalized. That proposed advertising prohibition is loosely modeled on a similar prohibition contained within the California Fair Employment and Housing Act (FEHA). (Gov. Code Sec. 12955(c).) The proposed prohibition would be a standalone section in the Civil Code and not be part of FEHA. The prohibition seeks to address issues faced by tenants when looking for an apartment or house to rent - landlords of certain properties include in their advertisement that only a declawed cat or debarked dog is permitted. Depending on the availability of housing stock, prospective tenants with unaltered animals may face pressure to declaw or devocalize their animal in order to qualify for tenancy. The author further contends that those procedures can have unintended consequences for both the landlord and tenant. The California Apartment Association (CAA), in support, notes that "CAA's leadership concluded years ago that it would not include in its industry forms and leases any such requirements that would require cats to be declawed or dogs debarked. Instead, the Association recommends that property owners rely upon pet deposits to cover any damage to the unit." b. Refusal to allow occupancy; requiring that an animal be declawed or devocalized Consistent with the above advertising prohibition, this bill would also prohibit a person or corporation from refusing to allow occupancy, negotiate occupancy, or otherwise make unavailable or deny occupancy because of a person's refusal to declaw or devocalize an animal. This prohibition is modeled on a similar prohibition in the federal Fair Housing Act which makes discriminatory practices against prospective tenants unlawful if the refusal to sell, rent, or negotiate is based on race, color, religion, sex, familial status, or national origin. (42 U.S.C. 3604(a).) For existing tenants and occupants, this bill would further prohibit a person or corporation from requiring an occupant to declaw or devocalize any animal allowed on the premises. SB 1229 (Pavley) Page 6 of ? From a policy standpoint, these two provisions seek to protect an individual's choice as to whether or not to declaw or devocalize their animal. For individuals who face limited housing options - or who are already tenants and cannot afford to move - these two prohibitions would arguably act to ensure that they are not pressured to surgically alter their animal. Landlords who are concerned about damage caused by certain animals have a choice - they can rent the property but ask for a pet security deposit, or they can make the decision to not allow animals on the property. Nolan Taft Management, a supporter of this bill that owns and operates 30 buildings with about 400 apartment units, writes that they do not require tenants to devocalize or declaw their pets. Instead, Nolan Taft Management argues that "Ýw]e do require that pet owners inform us of their pets and that they adhere to our pet-keeping policies, which are designed to benefit the pets, their owners, and the neighbors, as well as us, the property owners. We require a reasonable supplemental security deposit to cover any damage caused by pets. This additional deposit serves as an incentive for our tenants to keep pets responsibly. We realize that many landlords do not allow pets. However, we feel that our pet policies attract a greater number of potential tenants and ones who are responsible and motivated to be good tenants. We also find that pet owners, on average, have longer periods of tenancy, which is good for our business." 3. Scope This bill's prohibitions would apply to any "person or corporation that occupies, owns, manages, or provides services in connection with any real property . . . and that allows an animal on the premises." Although the specific prohibitions all include a reference to occupancy, those prohibitions are not limited to individuals for whom there is a landlord-tenant relationship. Those prohibitions would apply not only to tenants, but also any other person who happens to be an occupant or prospective occupant - including children, family members, and other individuals living on the property. That broad inclusion appears consistent with the policy goal of this bill. If the bill were limited to only those with a landlord-tenant relationship, the additional parties in the residence could still be pressured to devocalize or declaw their animal. That pressure would circumvent the sponsor's stated SB 1229 (Pavley) Page 7 of ? intent to protect animals and tenants. It should also be noted that the bill's provisions would apply where the owner or manager "allows an animal on the premises." Although the bill would broadly define "animal" as a mammal, bird, reptile, or amphibian, the bill itself does not require a landlord to accept any specific type of animal on the property. Thus, each landlord has a choice about whether to accept a certain type of animal - if they do elect to accept an animal, such as a cat, the bill's prohibitions would prevent the landlord from requiring that cat to be declawed or devocalized. Nothing would require the landlord to accept a cat (or dog or any other animal) in the first place. 4. Civil penalties Under this bill, persons or corporations that violate the bill's prohibitions would be subject to a civil penalty of not more than $1,000, per animal. A city or district attorney, other law enforcement prosecutorial entity, or any person harmed by a violation of this bill would be given standing to enforce the bill. Since the individuals who are subject to the violation may have limited income, or be otherwise unable (or unwilling) to bring an action to enforce the bill's provisions, this bill would authorize additional authority of law enforcement entities, which would provide a further deterrent to those who may consider violating the bill's provisions. 5. Governor Schwarzenegger's veto of AB 2743 This bill is substantially similar to the enrolled version of AB 2743 (Nava, 2010). In vetoing AB 2743, Governor Schwarzenegger stated: This bill would prohibit a landlord from requiring a tenant, as a condition of rental occupancy, to have an animal "declawed" or "devoiced." I support the goal of this bill, which would preclude landlords from making inappropriate medical decisions as a condition of occupancy. However, I cannot sign a measure that contains findings and declarations by the Legislature that are unsupported by science. In addition, this measure suggests that declawing should be prohibited for any "non-therapeutic" reason, which would include the legitimate medical needs of a pet owner. Regrettably, this bill goes too far in attempting to deal with inappropriate demands by landlords. SB 1229 (Pavley) Page 8 of ? This bill does not contain the same legislative findings and declarations as AB 2743. Further, this bill has a narrower scope and does not include a prohibition for non-therapeutic reasons as contained in AB 2743. Support : Actors and Others for Animals; Alley Cat Allies; Animal Advocates; Best Friends Animal Society; Born Free USA; California Apartment Association; California Veterinary Medical Association; City of Berkeley; City of Santa Monica; City of West Hollywood; Last Chance for Animals; League of Humane Voters, California Chapter; Nolan-Taft Management; Ohlone Humane Society; Paw PAC; Pet Care Foundation; Red Rover; Social Compassion in Legislation; one individual Opposition : The Animal Council HISTORY Source : Humane Society Veterinary Medical Association; The Paw Project Related Pending Legislation : None Known Prior Legislation : AB 2743 (Nava, 2010) See Background, Comment 5. SB 762 (Aanestad, Ch. 16, Stats. 2009) See Background. **************