RENT Magazine Q2 '24

THE PROPOSED LEGISLATION RESTRICTS A LANDLORD FROM BARRING A TENANT FROM OWNING OR KEEPING A STANDARD HOUSEHOLD PET.

CALIFORNIA STATESMEN CONSIDER NEW DOG LAW

On February 20, 2024, legislation was introduced in the California State Assembly which, if passed, would require property owners in the state to accept renters’ common household pets. Landlords would be prohibited from asking about pets on applications and would also be limited in their ability to charge pet fees or deposits. Specifically, the proposed legislation restricts a landlord from barring a tenant from owning or keeping a standard household pet without valid justification. The bill also prevents landlords from charging tenants extra rent or security deposits for owning or keeping a traditional household pet. Landlords would only be allowed to ask about pet ownership after a tenant’s application has been approved. These restrictions do not apply to rental agreements signed before January 1, 2025. The bill’s author, San Francisco Assemblyman Matt Haney, points out that “landlords, including brand new buildings, can just say no dogs, no cats, period. And that is making our housing crisis a lot worse.”

“Seventy percent of California renters have pets but only 30% of available rentals accept them,” Haney said. “We want a renter to be considered first and a decision made about whether they meet the requirements for an apartment and then, after that fact, they disclose that they have a pet. And only if there’s a reasonable rationale to deny them, that would be allowed.” Debra Carlton, the California Apartment Association’s executive vice president of state government affairs said, “The bill does not allow for an increase in security deposits, potentially limiting landlords’ ability to cover pet-related damages.” In response, Haney stated that landlords would have the right to require tenants to purchase pet liability insurance to protect their properties. If enacted, AB 2216 would have a widespread impact on landlords, affecting their legal, financial, and operational makeup. JD Supra advises, “Advocates on both sides must find a balance between the needs and welfare of tenants with the rights and responsibilities of landlords.”

70% 30% OF CALIFORNIA RENTERS HAVE PETS BUT ONLY OF AVAILABLE RENTALS ACCEPT THEM

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