Full Statute Name:  West's Annotated California Codes. Civil Code. Division 3. Obligations. Part 4. Obligations Arising from Particular Transactions. Title 5. Hiring. Chapter 2. Hiring of Real Property. § 1942.7. Conditions on occupancy based on declawing or devocalizing animals allowed on the premises; restrictions on persons or corporations occupying, owning, managing, or providing services in connection with real property; declaratory or injunctive relief; civil penalties

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Primary Citation:  West's Ann.Cal.Civ.Code § 1942.7 Country of Origin:  United States Last Checked:  January, 2020 Alternate Citation:  CA CIVIL § 1942.7 Date Adopted:  2012 Historical: 
Summary: This California law prohibits any owner or property manager from advertising a requirement, refusing occupancy of, or otherwise requiring a prospective tenant to declaw or devocalize any animal allowed on the premises. A city attorney, district attorney, or other law enforcement prosecutorial entity has standing to enforce this section and may sue for declaratory relief or injunctive relief for a violation of this section. Violation results in a civil penalty of not more than $1,000.

(a) A person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual's or corporation's agents or successors in interest, and that allows an animal on the premises, shall not do any of the following:

(1) Advertise, through any means, the availability of real property for occupancy in a manner designed to discourage application for occupancy of that real property because an applicant's animal has not been declawed or devocalized.

(2) Refuse to allow the occupancy of any real property, refuse to negotiate the occupancy of any real property, or otherwise make unavailable or deny to any other person the occupancy of any real property because of that person's refusal to declaw or devocalize any animal.

(3) Require any tenant or occupant of real property to declaw or devocalize any animal allowed on the premises.

(b) For purposes of this section, the following definitions apply:

(1) “Animal” means any mammal, bird, reptile, or amphibian.

(2) “Application for occupancy” means all phases of the process of applying for the right to occupy real property, including, but not limited to, filling out applications, interviewing, and submitting references.

(3) “Claw” means a hardened keratinized modification of the epidermis, or a hardened keratinized growth, that extends from the end of the digits of certain mammals, birds, reptiles, and amphibians, often commonly referred to as a “claw,” “talon,” or “nail.”

(4) “Declawing” means performing, procuring, or arranging for any procedure, such as an onychectomy, tendonectomy, or phalangectomy, to remove or to prevent the normal function of an animal's claw or claws.

(5) “Devocalizing” means performing, procuring, or arranging for any surgical procedure such as a vocal cordectomy, to remove an animal's vocal cords or to prevent the normal function of an animal's vocal cords.

(6) “Owner” means any person who has any right, title, or interest in real property.

(c)(1) A city attorney, district attorney, or other law enforcement prosecutorial entity has standing to enforce this section and may sue for declaratory relief or injunctive relief for a violation of this section, and to enforce the civil penalties provided in paragraphs (2) and (3).

(2) In addition to any other penalty allowed by law, a violation of paragraph (1) of subdivision (a) shall result in a civil penalty of not more than one thousand dollars ($1,000) per advertisement, to be paid to the entity that is authorized to bring the action under this section.

(3) In addition to any other penalty allowed by law, a violation of paragraph (2) or (3) of subdivision (a) shall result in a civil penalty of not more than one thousand dollars ($1,000) per animal, to be paid to the entity that is authorized to bring the action under this section.

Credits

(Added by Stats.2012, c. 596 (S.B.1229), § 2.)

 

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