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California Code, Health and Safety Code - HSC § 50466

Current as of January 01, 2023 | Updated by FindLaw Staff

(a)(1) The department shall require each housing development that is financed on or after January 1, 2018, pursuant to this division, to authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident's dwelling unit, subject to applicable state laws and local government ordinances related to public health, animal control, and animal anticruelty.

(2)(A)(i) Notwithstanding paragraph (1), the department shall require each housing development that is financed on or after January 1, 2023, pursuant to this division or by any moneys administered or otherwise provided by the department to authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident's dwelling unit, subject to applicable state laws and local government ordinances related to public health, animal control, and animal anticruelty, and subject to other reasonable conditions.

(ii) Notwithstanding paragraph (1), any housing development that is the basis for the receipt, on or after January 1, 2023, of any low-income housing tax credit under Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code shall authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident's dwelling unit, subject to applicable state laws and local government ordinances related to public health, animal control, and animal anticruelty, and subject to other reasonable conditions.

(B) This paragraph shall not be construed to interfere with the ability to charge a refundable deposit pursuant to Section 1950.5 of the Civil Code. However, a monthly fee for the ownership or maintenance of common household pets in the housing development shall not be imposed.

(C) For purposes of this paragraph, “reasonable conditions” include, but are not limited to, policies on nuisance behaviors, leashing requirements, requirements to carry liability insurance coverage, limitations on the number of animals in a unit based on the unit's size, and prohibitions on potentially dangerous or vicious dogs, as determined pursuant to Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agricultural Code. A “reasonable condition” does not include a prohibition on a breed of common household pets or a limitation on the weight of the common household pet.

(b) For purposes of this section, “common household pet” means a domesticated animal, including, but not limited to, a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes.

(c)(1) This section shall not limit or otherwise affect eligibility for, or be included as a matter during the compliance period of, any credit under Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code.

(2) This section shall not be construed to limit or otherwise affect applicable state laws and local government ordinances related to public health, animal control, and animal anticruelty, or other statutes or laws that require reasonable accommodations to be made for an individual with a disability who maintains an animal to provide assistance, service, or support.

(3) This section does not alter or affect the rights and duties of a landlord with respect to control or preventing harm to third parties caused by a resident's pet.

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Cite this article: FindLaw.com - California Code, Health and Safety Code - HSC § 50466 - last updated January 01, 2023 | https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-50466/

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