BILL NUMBER: AB 2760	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mathis

                        FEBRUARY 19, 2016

   An act to add Section 1941.7 to the Civil Code, and to amend
Section 30851 of the Food and Agricultural Code, relating to support
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2760, as introduced, Mathis. Landlord and tenant: support
animals.
   Existing law regulates the relationship between landlord and
tenant and the terms and conditions of tenancies.
   This bill would authorize a tenant to maintain a support animal,
as defined, on the property if specified conditions are met. This
bill would authorize a tenancy to be terminated or a tenant to be
denied accommodations on the property for having a support animal if
specified conditions apply. This bill would authorize the landlord to
require tenants with support animals to adhere to all standards that
are imposed uniformly on all tenants and to include the payment of
an extra charge or security deposit for maintaining a support animal
on the property. This bill would prohibit a tenant from maintaining
any protected species, venomous reptiles, amphibians or insects, or
any other illegal species as a support animal.
   Existing law requires the owners of assistance dogs to comply with
all state and local ordinances regarding health and licensure
requirements.
   This bill would expand that requirement by also making it
applicable to support animals.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1941.7 is added to the Civil Code, to read:
   1941.7.  (a) A tenant may maintain a support animal on the
property if both of the following conditions are met:
   (1) The tenant has obtained a prescription validating the need for
the support animal from a California-licensed mental health care
professional that may be verified by the landlord.
   (2) The tenant complies with all federal, state, and local
requirements, including, but not limited to, local licensing
requirements and limitations on the number of animals maintained on
the property.
   (b) A tenancy may be terminated or a tenant may be denied
accommodations on the property for having a support animal if any of
the following apply:
   (1) The support animal was brought on the property without notice
to the landlord.
   (2) The support animal is not house broken.
   (3) The support animal creates a financial hardship on the real
property owner.
   (4) The support animal jeopardizes the availability of property
insurance.
   (5) The support animal poses a threat to other tenants or the
property.
   (c) The landlord may do both of the following:
   (1) Require tenants with support animals to adhere to all
standards that are imposed uniformly on all tenants.
   (2) Include the payment of an extra charge or security deposit for
maintaining a support animal on the property.
   (d) A tenant shall not maintain any state or federally protected
species, venomous reptiles, amphibians or insects, or any other
illegal species as a support animal.
   (e) For purposes of this section, both of the following
definitions shall apply:
   (1) "Prescription" has the same meaning as that term is defined in
Section 4040 of Business and Professions Code.
   (2) "Support animal" includes a support dog, companion animal,
emotional support animal, or assistive animal. A support animal does
not include a guide dog, signal dog, or service dog as defined in
subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1.

  SEC. 2.  Section 30851 of the Food and Agricultural Code is amended
to read:
   30851.   (a)    The owners of assistance dogs
 and support animals  shall comply with all state and local
ordinances regarding health and licensure  requirements for
dogs.   requirements.  
   (b) For purposes of this section, "support animal" has the same
meaning as that term is defined in Section 1941.7 of the Civil Code.