BILL ANALYSIS
SB 782
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 782 (Yee) - As Amended: August 2, 2010
Policy Committee: JudiciaryVote:7-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill protects a victim of domestic violence, sexual
assault, or stalking from being evicted based upon such acts
being perpetrated against the victim, and allows such victims to
have the exterior locks changed on their dwelling units, as
specified. Specifically, this bill:
1)Stipulates that a landlord may not terminate or fail to renew
a tenancy based on acts against a tenant or the tenant's
household member constituting domestic violence, sexual
assault, or stalking if both of the following apply:
a) One of the subject acts have been documented by a
temporary restraining order or emergency protective order,
or copy of a peace officer's written report stating that
the tenant has filed a report alleging that they are a
victim.
b) The perpetrator is not a tenant of the same dwelling
unit as the victim.
2)Allows a landlord to terminate or fail to renew the tenancy of
a tenant who used the protections provided in (1) if all of
the following apply:
a) The tenant allows the perpetrator to visit the property.
b) The landlord reasonably believes the presence of the
perpetrator poses a threat to other tenants.
c) The landlord previously gave the tenant at least three
days to correct the violation.
3)Stipulates that a landlord is not liable to other tenants for
SB 782
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any actions arising out of the landlord's compliance with (1)
and (2).
4)Requires the Judicial Council, by January 1, 2012, to develop
or amend forms for use by parties to assert use of the above
as an affirmative defense to an unlawful detainer action.
5)Requires a landlord to change the locks of a tenant protected
by a restraining order within 24 hours after the tenant
provides the landlord with a copy of the a court order or
police report regarding domestic violence, sexual assault, or
stalking.
FISCAL EFFECT
Minor absorbable costs to the Judicial Council to provide the
necessary forms for use in defense of an unlawful detainer
action.
COMMENTS
1)Purpose . Current law permits a landlord to file an unlawful
detainer action against a tenant in order to evict him or her
when, among other things, the tenant has: (1) committed waste
upon the premises contrary to the conditions of the lease; or
(2) committed or maintained a nuisance upon the premises or
permitted the nuisance to be committed or maintained.
According to the author, too often victims are evicted from
their homes because of the "nuisance" created by the noise,
fighting, and police visits caused by the violent perpetrator.
Other studies suggest that many women fear calling police or
obtain injunctive relief because they are afraid that if
landlord knew of the domestic violence, the landlord might
choose to evict.
This bill prohibits a landlord from evicting a protected
tenant based on the acts of an abuser who is not a tenant, so
long as the abuse can be documented by court orders or police
reports, as specified. In addition, the bill permits a tenant
who is a documented victim of domestic violence, sexual
assault, or stalking to demand that the landlord change the
exterior locks, since abusers have been known to return to the
victim's home notwithstanding an order to stay away.
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2)Opposition . The Apartment Association of Greater Los Angeles,
the California Association of Realtors, and the Santa Barbara
Rental Property Association contend that SB 782 "not only
significantly limits an owner's ability to deal with ongoing
nuisance situations involving domestic violence, but further
endangers the victim of the violence as well as the safety and
quiet enjoyment of other tenants." Opponents believe the bill
limits a landlord's ability to respond to domestic violence
situations and places landlords in the middle of domestic
disputes "that are property the province of the legal system".
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081