Amended in Assembly April 25, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2760


Introduced by Assembly Member Mathis

February 19, 2016


An act to add Section 1941.7 to the Civilbegin delete Code, and to amend Section 30851 of the Food and Agriculturalend delete Code, relating to support animals.

LEGISLATIVE COUNSEL’S DIGEST

AB 2760, as amended, Mathis. Landlord and tenant: support animals.

Existing law regulates the relationship between landlord and tenant and the terms and conditions of tenancies.

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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.

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Existing law requires the owners of assistance dogs to comply with all state and local ordinances regarding health and licensure requirements.

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This bill would expand that requirement by also making it applicable to support animals.

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This bill would authorize a residential lease to require a tenant who possesses a support animal, as defined, on the rented premises or associated common areas to be subject to specified conditions, and would require a breach of these conditions, if contained in the lease, to be a breach of the lease. The bill would provide that a tenant or prospective tenant shall not be prohibited from possessing a support animal on the rented premises or associated common areas if the tenant or prospective tenant satisfies specified conditions.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3
(a) That service animals are a special class of animals uniquely
4deserving of protections and accommodations in law, and are
5already clearly defined in California law and in federal law.

end insert
begin insert

6
(b) That so-called “support,” “companion,” or “emotional
7 support” animals are not clearly defined in law, and their
8appropriate use in the context of rental housing requires
9clarification.

end insert
begin insert

10
(c) That it is beneficial to supply additional guidance to both
11landlords and tenants as to appropriate conditions regarding
12support animals that may be included within a residential lease.

end insert
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13
(d) That this act is intended to supply identifying criteria for
14support animals and to distinguish them from service animals and
15from other pets and to ensure that support animals are not barred
16from a tenancy by a “no pets” policy.

end insert
17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1941.7 is added to the end insertbegin insertCivil Codeend insertbegin insert, to read:end insert

begin insert
18

begin insert1941.7.end insert  

(a) A residential lease may require a tenant who
19possesses a support animal on the rented premises or associated
20common areas to be subject to the following conditions:

21
(1) That the tenant notify, and receive approval from, the
22landlord prior to bringing the support animal on the rented
23premises or associated common areas.

24
(2) That the support animal be housebroken.

25
(3) That the support animal not disturb the quiet enjoyment of
26the premises by other tenants or pose a threat to other tenants or
27their property.

P3    1
(4) That the presence of the animal not jeopardize the
2availability or price of insurance.

3
(b) If a tenant or prospective tenant satisfies the conditions
4specified in subdivision (a), the tenant or prospective tenant shall
5not be prohibited from possessing a support animal on the rented
6premises or associated common areas.

7
(c) If a residential lease contains the conditions described in
8subdivision (a), a breach of any one of the conditions constitutes
9a breach of the lease.

10
(d) This section shall not affect either of the following:

11
(1) The amount of, or ability to pursue, a security deposit,
12including a pet deposit, under any law.

13
(2) The ability or rights under any law to possess a service
14animal.

15
(e) For purposes of this section, all of the following shall apply:

16
(1) “Prescribed” has the same meaning as the term
17“prescription” as that term is defined by Section 4040 of the
18Business and Professions Code.

19
(2) “Service animal” includes any of the following:

20
(A) A “guide dog” as defined by clause (i) of subparagraph (C)
21of paragraph (6) of subdivision (b) of Section 54.1.

22
(B) A “signal dog” as defined by clause (ii) of subparagraph
23(C) of paragraph (6) of subdivision (b) of Section 54.1.

24
(C) A “service dog” as defined by clause (iii) of subparagraph
25(C) of paragraph (6) of subdivision (b) of Section 54.1.

26
(D) A “service animal” as defined by Section 113903 of the
27Health and Safety Code.

28
(3) “Support animal” means a support dog, companion animal,
29emotional support animal, or assistive animal that is prescribed
30by a California licensed physician or licensed mental health
31professional in order to treat a mental or emotional illness or
32mental or emotional disability. A support animal does not include
33a service animal.

end insert
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34

SECTION 1.  

Section 1941.7 is added to the Civil Code, to
35read:

36

1941.7.  

(a) A tenant may maintain a support animal on the
37property if both of the following conditions are met:

38(1) The tenant has obtained a prescription validating the need
39for the support animal from a California-licensed mental health
40care professional that may be verified by the landlord.

P4    1(2) The tenant complies with all federal, state, and local
2requirements, including, but not limited to, local licensing
3requirements and limitations on the number of animals maintained
4on the property.

5(b) A tenancy may be terminated or a tenant may be denied
6accommodations on the property for having a support animal if
7any of the following apply:

8(1) The support animal was brought on the property without
9notice to the landlord.

10(2) The support animal is not house broken.

11(3) The support animal creates a financial hardship on the real
12property owner.

13(4) The support animal jeopardizes the availability of property
14insurance.

15(5) The support animal poses a threat to other tenants or the
16property.

17(c) The landlord may do both of the following:

18(1) Require tenants with support animals to adhere to all
19standards that are imposed uniformly on all tenants.

20(2) Include the payment of an extra charge or security deposit
21for maintaining a support animal on the property.

22(d) A tenant shall not maintain any state or federally protected
23species, venomous reptiles, amphibians or insects, or any other
24illegal species as a support animal.

25(e) For purposes of this section, both of the following definitions
26shall apply:

27(1) “Prescription” has the same meaning as that term is defined
28in Section 4040 of Business and Professions Code.

29(2) “Support animal” includes a support dog, companion animal,
30emotional support animal, or assistive animal. A support animal
31does not include a guide dog, signal dog, or service dog as defined
32in subparagraph (C) of paragraph (6) of subdivision (b) of Section
3354.1.

34

SEC. 2.  

Section 30851 of the Food and Agricultural Code is
35amended to read:

36

30851.  

(a) The owners of assistance dogs and support animals
37shall comply with all state and local ordinances regarding health
38and licensure requirements.

P5    1(b) For purposes of this section, “support animal” has the same
2meaning as that term is defined in Section 1941.7 of the Civil
3Code.

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