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 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:

P2    1

SECTION 1.  

Section 1941.7 is added to the Civil Code, to
2read:

3

1941.7.  

(a) A tenant may maintain a support animal on the
4property if both of the following conditions are met:

5(1) The tenant has obtained a prescription validating the need
6for the support animal from a California-licensed mental health
7care professional that may be verified by the landlord.

8(2) The tenant complies with all federal, state, and local
9requirements, including, but not limited to, local licensing
10requirements and limitations on the number of animals maintained
11on the property.

12(b) A tenancy may be terminated or a tenant may be denied
13accommodations on the property for having a support animal if
14any of the following apply:

15(1) The support animal was brought on the property without
16notice to the landlord.

17(2) The support animal is not house broken.

18(3) The support animal creates a financial hardship on the real
19property owner.

20(4) The support animal jeopardizes the availability of property
21insurance.

22(5) The support animal poses a threat to other tenants or the
23property.

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

25(1) Require tenants with support animals to adhere to all
26standards that are imposed uniformly on all tenants.

27(2) Include the payment of an extra charge or security deposit
28for maintaining a support animal on the property.

29(d) A tenant shall not maintain any state or federally protected
30species, venomous reptiles, amphibians or insects, or any other
31illegal species as a support animal.

32(e) For purposes of this section, both of the following definitions
33shall apply:

34(1) “Prescription” has the same meaning as that term is defined
35in Section 4040 of Business and Professions Code.

P3    1(2) “Support animal” includes a support dog, companion animal,
2emotional support animal, or assistive animal. A support animal
3does not include a guide dog, signal dog, or service dog as defined
4in subparagraph (C) of paragraph (6) of subdivision (b) of Section
554.1.

6

SEC. 2.  

Section 30851 of the Food and Agricultural Code is
7amended to read:

8

30851.  

begin insert(a)end insertbegin insertend insertThe owners of assistance dogsbegin insert and support animalsend insert
9 shall comply with all state and local ordinances regarding health
10and licensurebegin delete requirements for dogs.end deletebegin insert requirements.end insert

begin insert

11(b) For purposes of this section, “support animal” has the same
12meaning as that term is defined in Section 1941.7 of the Civil Code.

end insert


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