SB 1296

Introduced by Senator Durazo
(Coauthors: Assembly Members Bryan and Haney)
 An act to add Section 1942.7.5 to the Civil Code, relating to tenancy.
tenancy
Real property: rentals: pet policy.
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 or their agent to have a pet policy or pet addendum in writing and to provide access to the property’s pet policy
			 or addendum 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 or their agent to provide a written copy of the property’s established pet policy or 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 or their agent
			 to substantially comply with these provisions and would specify that a nonmaterial error or omission that is corrected upon notice does not constitute a violation of these provisions. The bill would specify that it does not affect obligations or rights under state or federal law relating to service and support animals. The bill would require any landlord or their agent who charges an application fee but fails to disclose the established pet policy or pet addendum
			 before charging the fee, and due to the landlord’s or their agent’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 upon request, as specified. The bill would make its 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) “Pet” means a “common household pet,” as defined in subdivision (b) of Section 50466 of the Health and Safety
						Code.
(2) “Pet addendum” means a writing that is part of a lease agreement that sets forth a residential rental property’s pet policy.
(3) “Pet policy” means
						any 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. If the landlord or their agent places no rules or conditions on maintaining pets, the policy shall include a statement reflecting that there are no such rules or conditions.
(b) A landlord or their agent shall have a pet policy
						or pet addendum
						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 or their agent 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 or their agent
						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 of the property’s established pet policy or pet addendum with any rental application form. If the rental application is provided electronically, a written copy of the pet policy or pet addendum shall be provided electronically with the application.
(c) A landlord
						or their agent 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 or their agent.
(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 or their agent
						may amend their established written pet policy or pet addendum for prospective tenants only. To comply with the requirements of this section, a landlord or their agent must provide the established pet policy in effect at the time the rental application form is provided to a prospective applicant.
(f) A landlord or their agent substantially complies with this section if the landlord
						or their agent 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 landlord or their agent shall include in the rental application for a residential rental property 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 or their agent’s failure to disclose that information, the applicant is no longer eligible to rent the unit or declines to proceed with the
						application, the applicant may request a refund of the application fee by written notice to the landlord or their agent. A landlord or their agent shall provide the refund of the application fee within seven business days after receiving written notice from the applicant of the failure to provide the established pet policy or pet addendum and, upon timely providing the refund, shall have no further obligations to the applicant under this section.
(i) (1) A tenant’s failure to sign a pet addendum shall not form the sole basis of any unlawful detainer action against the tenant.
(2) Nothing in this subdivision is intended to enlarge or diminish a landlord’s or their agent’s ability to enforce a violation of a material breach of the lease as a basis for unlawful detainer.
(3) Nothing in this subdivision prohibits a landlord or their agent from requiring execution of a pet addendum as a condition of approving a tenant’s request to keep
						a pet on the premises.
(j) This section does not require a landlord or their agent 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.
(k) 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.
(l) Nothing in this section shall be construed to limit the authority of a landlord or their agent,
						consistent with other applicable law, to adopt, amend, interpret, or enforce an established written pet policy or 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.
(m) This section shall become operative on April 1, 2027.