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.
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.end delete
Existing law requires the owners of assistance dogs to comply with all state and local ordinances regarding health and licensure requirements.end delete
This bill would expand that requirement by also making it applicable to support animals.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1941.7 is added to the Civil Code, to
(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
13(4) The support animal jeopardizes the availability of property
15(5) The support animal poses a threat to other tenants or the
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
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
Section 30851 of the Food and Agricultural Code is
35amended to read:
(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