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.