Real property: rentals: pet policy., the official text

An act to add Section 1942.7.5 to the Civil Code, relating to tenancy.

LEGISLATIVE COUNSEL'S DIGEST

Existing law governs the obligations of tenants and landlords. Existing law prohibits a landlord who allows an animal on the premises from advertising or establishing rental policies in a manner that requires a tenant or a potential tenant with an animal to have that animal declawed or devocalized as a condition of occupancy, as provided.
This bill would require a landlord who allows a tenant to have a pet on the premises to have a pet policy in writing and to provide access to the property’s pet policy on the property’s internet website, in digital advertisements, and in information provided to a residential rental search engine, as prescribed. The bill would require a landlord to provide a written copy or summary of the property’s established pet policy or its pet addendum with any rental application form. The bill would require a pet policy or pet addendum to include specified information, including a description of the rights, responsibilities, and requirements for tenant pet owners at the property. The bill would establish conditions for a landlord to substantially comply with the bill’s provisions and would specify that nonmaterial errors or omissions by a landlord that are corrected upon notice would not constitute a violation of the bill’s provisions. The bill would not affect obligations or rights under state or federal law relating to service and support animals. The bill would require any landlord who charges an application fee but fails to disclose their established pet policy or pet addendum before charging the fee, and due to the landlord’s failure to disclose that information, the applicant is no longer eligible to rent the unit or declines to proceed with the application, to refund the application fee to the applicant, as specified. The bill would make the bill’s provisions operative on April 1, 2027.

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

SECTION 1.
Section 1942.7.5 is added to the Civil Code, to read:
1942.7.5.
(a) For purposes of this section, the following definitions apply:
(1) “Landlord” means a person who owns or manages a residential real property or their agent.
(2) “Pet” means a “common household pet,” as defined in subdivision (b) of Section 50466 of the Health and Safety Code.
(3) “Pet addendum” means a writing that is part of a lease agreement that sets forth the rules and conditions for maintaining pets on a residential rental property premises.
(4) “Pet policy” means the rules and conditions, including any prohibition, for maintaining pets on a residential rental property premises that is in writing. “Pet policy” shall also include policies that completely prohibit pets.
(b) A landlord who allows a tenant to have a pet on the premises shall have a pet policy in writing and shall do all of the following:
(1) Provide a hyperlink or other electronic means to access the property’s pet policy or pet addendum in all of the following, as applicable:
(A) On the property’s internet website.
(B) In any digital advertisement under the complete control of the landlord and in any digital advertisement on a third-party internet website, only to the extent that the third party permits the inclusion of a hyperlink or other electronic access.
(C) In any information provided by the landlord to a residential rental search engine, only to the extent that the search engine permits or supports the inclusion of a hyperlink or other electronic access.
(2) Provide a written copy or summary of the property’s established pet policy or pet addendum with any rental application form. If the rental application is provided electronically, the pet policy shall be provided electronically with the application.
(c) A landlord shall not be liable for any omission, error, or failure to display the property’s established written pet policy or its pet addendum on a third-party website or platform if the third party obtained, scraped, or republished information from the property’s internet website or digital advertisements without the express written permission of the landlord.
(d) An established pet policy or pet addendum provided in accordance with this section shall include a clear, plain-language description of the rights, responsibilities, and requirements for tenant pet owners at the property, including any other material, rules, conditions, or restrictions applicable to keeping a pet.
(e) A landlord may amend their established written pet policy or pet addendum prospectively. For purposes of this section, compliance shall be determined based on the established pet policy or pet addendum in effect at the time the rental application form is provided to a prospective applicant.
(f) A landlord substantially complies with this section if the landlord provides a prospective applicant with the material terms of the property’s established pet policy or its pet addendum as required by this section. A nonmaterial error or omission that is corrected upon notice shall not constitute a violation of this section.
(g) A rental application for a residential rental property subject to this section shall include a space for a prospective tenant to acknowledge receipt of the property’s established pet policy or pet addendum.
(h) If a landlord or their agent charges an application fee pursuant to Section 1950.6 but fails to disclose the established pet policy or pet addendum in accordance with this section before charging the fee, and due to the landlord’s failure to disclose that information, the applicant is no longer eligible to rent the unit or declines to proceed with the application, the landlord shall return the application fee to the applicant. A refund required by this subdivision shall be made within five business days after receiving written notice from the applicant of the failure to provide the established pet policy or pet addendum.
(i) A tenant’s failure to sign a pet addendum shall not form the basis of any unlawful detainer action against the tenant.
(j) The refund of the application fee pursuant to subdivision (h) is the sole remedy available under this section. This section does not create a private right of action for damages, penalties, injunctive relief, or attorney’s fees.
(k) This section does not require a landlord to allow pets on a residential rental property, to create an internet website for a residential rental property, or to digitally advertise a rental unit through any particular medium.
(l) This section does not alter, limit, expand, or affect any obligation or right under state or federal law relating to service animals, support animals, or other assistance animals.
(m) Nothing in this section shall be construed to limit the authority of a landlord, consistent with other applicable law, to adopt, amend, interpret, or enforce an established written pet policy or standard pet addendum, or to deny or restrict pets based on the established pet policy or pet addendum, lease terms, health or safety concerns, property conditions, insurance requirements, or business reasons.
(n)This section shall become operative on April 1, 2027.