Finding an apartment may be easier for California pet owners under new legislation (2024)

SACRAMENTO, Calif. (AP) — California pet owners struggling to find a rental that accepts their furry, four-legged family members could have an easier time leasing new housing under proposed state legislation that would ban blanket no-pets policies and prohibit landlords from charging additional fees for common companions like cats and dogs.

Backers of the bill, which recently cleared a key committee, say the lack of pet-friendly units is pushing renters to forgo housing or relinquish beloved pets to overcrowded shelters. They say the legislation also would allow more tenants with unapproved pets to come out of the shadows.

Sacramento renter Andrea Amavisca said she and her partner searched for more than a month for a place that would accept their 2-year-old cattle dog mix. Options were few and prospective landlords would not return her calls after learning the couple had a dog.

They finally found a two-bedroom apartment after meeting with the landlord and putting down an extra $500 for the security deposit.

“It’s really awful that there are these restrictions you have to take into consideration when making a personal life choice,” she said.

But landlords are pushing back, saying they’re worried over the cost of repairs, liability over potential dog bites and nuisance issues that might drive away other tenants. They also want state lawmakers to allow higher security deposits — which legislators limited to one month’s rent last year — to scrub out possible urine and feces stains in carpets or repair damage to wood floors.

“There are bad people and there are bad dogs, and our job is to screen that and make sure that we’re providing a safe environment for everyone,” said Russell Lowery, executive director of the California Rental Housing Association.

The proposal authored by Assemblymember Matt Haney, a San Francisco Democrat and chair of the renters’ caucus, would not require all landlords to accept common household pets, such as cats and dogs.

But landlords would have to provide reasonable justifications, such as public health, for denying a pet. A landlord could not inquire of pets until after approving an applicant, and applicants would have to notify the landlord that they have a pet or plan to get one at least three days prior to signing a lease. Should the landlord deny the pet, the applicant would then decide whether to seek housing elsewhere.

The landlord also could not require additional rent or security deposit for a pet. The bill, if approved, would apply to new leases starting on or after Jan. 1.

Ivan Blackshear already rents to tenants with cats at his triplex in Chico, a small city north of Sacramento. But he says the question of pets and deposits should be left to the property owner and any agreement they reach with their tenants. It should not, he said, be mandated by politicians trying to curry favor with voters.

“Chasing mom and pop landlords like myself — small investors like myself — out of California is not going to solve the high price of rent; it actually is going to make it worse,” said Blackshear, who once had to replace the wood flooring in a rental due to a tenant with a cat.

Assemblymember Isaac Bryan, a Democrat who represents parts of Los Angeles, said he and his fiancée, an attorney, were shut out of renting several places just because of Darius, their well-behaved Great Dane.

“Darius is the sweetest dog," said Bryan, who is vice chair of the legislative renters’ caucus. “And so it was shocking, and it showed that this simple barrier of having a companion animal could lead directly to housing insecurity and homelessness, if not addressed.”

Animal welfare groups are among those supporting the bill.

Ann Dunn, director of Oakland Animal Services, says the number of people giving up their pets has soared since the city of Oakland's eviction moratorium ended last summer. In 2022, the shelter averaged nearly 240 dogs relinquished each month; now it is 350 a month.

“We’re seeing a huge spike in people who are saying they are newly homeless," she said. “Or they’re choosing between being housed or being able to keep their pets.”

The bill is headed to the Assembly for a floor vote. If it passes, it would then go to the Senate for consideration.

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Har reported from San Francisco.

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This story has been updated to use the correct term for Andrea Amavisca's partner.

Finding an apartment may be easier for California pet owners under new legislation (2024)

FAQs

Finding an apartment may be easier for California pet owners under new legislation? ›

(AP) — California pet owners struggling to find a rental that accepts their furry, four-legged family members could have an easier time leasing new housing under proposed state legislation that would ban blanket no-pets policies and prohibit landlords from charging additional fees for common companions like cats and ...

What is the new pet deposit law in California in 2024? ›

There used to be a three-month security deposit limit for furnished properties but not anymore. Now furnished and unfurnished are treated the same. What about Pet Deposits? A “pet deposit” is still a deposit and included in the one-month or any other applicable limit.

What is the new pet rent law in California? ›

SAN DIEGO — A new California bill could reshape laws for millions of renters by requiring landlords to accept pets, force them to stop charging monthly pet fees or pet safety deposits.

Can landlords say no pets in California? ›

"Landlords, including brand new buildings, can just say no dogs, no cats, period. And that is making our housing crisis a lot worse," Haney said. His bill will require landlords to have a reasonable excuse not to allow pets in a rental property.

What is the pet deposit in California? ›

This “pet deposit” effectively functions the same as a security deposit under California law. That means two key limitations apply: The pet deposit added to other security deposits cannot exceed 2 months' rent for unfurnished units or 3 months' rent for furnished units.

Can a landlord charge extra rent for pets in California? ›

Yes, landlords have the right to charge extra money for pets, (typically through a pet deposit or pet fee). Remember that buildings don't have to accept pets at all, which is different than service animals or support animals. The way that they can charge is measured by California law.

How much can a landlord charge for pet rent in California? ›

In terms of pet deposit, California law stipulates that refundable pet deposits can be charged. However, the total deposit amount, including the pet deposit, can't exceed two months of rent in total.

Can apartments charge pet rent for emotional support animals in California? ›

Could my landlord charge a fee for my emotional support animal in California? In California, your landlord cannot ever require you to pay a pet deposit, higher rent, additional security deposit, or liability insurance because you own an emotional support animal.

Is it illegal to charge pet rent in California? ›

In terms of pet deposit, California law stipulates that refundable pet deposits can be charged. However, the total deposit amount, including the pet deposit, can't exceed two months of rent in total. This limit increases to three months' rent for furnished properties.

Why are California pet laws so strict? ›

As a state recognized for its rich biodiversity, California has one of the most stringent laws regarding what kinds of animals can be owned as pets. The restricted pet list is long and includes numerous species permitted to be owned in other states.

Is landlord responsible for tenant's dog in California? ›

In a residential landlord case with a tenant-owned dog that bites another, causing bodily injury, the California court noted that a landlord could still be liable for the tenant-owned dog: "A duty of care may not be imposed on a landlord without proof that he knew of the dog and its dangerous propensities.

What are the dog laws in California? ›

Away from home dog owners must restrain their dog using a hand-held leash no longer than six feet. The person holding the leash must be capable of controlling the dog.

Can landlords refuse pets USA? ›

There are laws regarding ESA and service animals. And even these laws have their exceptions e.g. animal is aggressive or causes property damage. Other than these two groups the government cannot force landlords to accept pets.

How much should I charge for pet rent in California? ›

Unlike some other states, pet fees are legal in California. The fee is one-time and non-refundable. The amount you charge should be based on the breed, number and size of pet a resident has. Generally, the average pet fee in California is between $100 and $400.

Can a landlord charge a non-refundable pet deposit in California? ›

No, the landlord nor the lease may ever make a pet deposit non-refundable in California. California Civil Code § 1950.5(m).

What is a pet addendum in California? ›

Once you have approved a pet or emotional support/service animal at your rental property, have a pet addendum added to your Rental Agreement to outline your pet policies. Pet Addendums will cover the number, size, and breed of permitted pets at the rental.

Can you do a non refundable pet deposit in California? ›

No, the landlord nor the lease may ever make a pet deposit non-refundable in California. California Civil Code § 1950.5(m).

Can a landlord charge a pet deposit for a service animal in California? ›

Can California Landlords Charge a Pet Deposit for a Service Animal or Support Animal? California landlords may not require applicants or residents to pay any pet fee, additional rent, or other additional fee—including additional security deposit or liability insurance—in connection with the assistance animal.

Do you have to pay pet deposit for ESA California? ›

Additionally, landlords cannot ask for a pet deposit for an emotional support animal as they are not classed as pets. Documentation may be required to show evidence and support the disability of the renter, but the owner should not have to show evidence that the animal is certified.

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