The California legislature will consider a bill that would prohibit blanket bans on pets in rental housing and prohibit landlords from asking about pets on rental applications. 

Assemblyman Matt Haney

The bill AB 2216 is sponsored by the Humane Society of the United States and authored by the same member — Assemblyman Matt Haney, D-San Francisco — who successfully authored AB 12 last year, limiting security deposits to one month rent.    

The bill will also eliminate extra monthly fees known as “pet rent.” 

In addition to the inability to collect a security deposit for the pet, there are obviously practical challenges in high-density housing where apartments often lack backyards, raising questions about pet care, especially for dogs, during tenants’ work hours. 

Furthermore, the bill’s author does not take into consideration the scenario where a tenant is renting a room and may encounter issues with allergies or space constraints from the homeowner or other tenants in the shared space, underscoring the complexity of the mandate to accept pets. 

While the bill is expected to include some exceptions, the specific nature of these exceptions remains undefined. Haney, however, has indicated to KQED that the bill will include provisions for landlords to exclude pets under certain justified circumstances, like health and safety considerations, requiring them to present documentation in some cases. Moreover, the article says AB 2216’s focus is on common household pets. 

As reported by the Los Angeles Times, Haney’s bill will define “a common household pet” as “a domesticated animal, including a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes.” The bill’s focus on common household pets aims to clarify the types of animals it encompasses and address concerns regarding more unusual or exotic pets. 

Haney also told the Times that he is open to dialogue with the rental housing industry regarding the bill’s provisions and that he recognizes some landlords’ concerns about taking on renters with pets that may cause damage. 

Debra Carlton, CAA’s executive vice president of state government affairs, said she has already relayed to Assemblyman Haney that a more reasonable approach would be to allow owners to voluntarily accept pets if a higher security deposit is allowed.  Haney has not agreed to that option. 

AB 2216 is still in the early stages of the legislative process and has not yet been assigned to a committee, although there is a possibility it may be scheduled for a hearing in mid-March.