BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Noreen Evans, Chair 2011-2012 Regular Session AB 588 (V. Manuel Pérez) As Introduced Hearing Date: June 14, 2011 Fiscal: No Urgency: No BCP:rm SUBJECT Tenancy: Victims of Domestic Violence DESCRIPTION Existing law allows a tenant to terminate his or her lease within 60 days of a restraining order, emergency protective order, or written report by a peace officer alleging that the tenant, or household member, is a victim of domestic violence, sexual assault, or stalking. This bill would extend that protection by allowing those tenants to provide a notice to terminate tenancy within 180 days after an order or report. BACKGROUND Victims of domestic violence, sexual assault, and stalking face numerous challenges when seeking to regain control of their lives. Depending on the situation, the victim may need to change his or her phone number, participate in the Safe at Home Program through the Secretary of State, or even move, to create a safe environment for themselves and their family. Victims who rent their home also face challenges in their ability to leave a dangerous environment if they are currently in a long-term lease. In response to concerns about the inability for victims to terminate their lease without liability, AB 2052 (Lieu, Chapter 240, Statutes of 2008) allowed a tenant to terminate his or her lease within 60 days of a restraining order or written report by a peace officer alleging that the tenant, or household member, is a victim of domestic violence or stalking. Absent that protection, victims who relocated could still be subject to (more) AB 588 (V. Manuel Pérez) Page 2 of ? liability under the lease if the landlord did not agree to release the tenant from his or her obligations. This bill would extend existing law's protection by allowing those tenants to provide a notice to terminate tenancy within 180 (as opposed to 60 days) after a temporary restraining order, emergency protective order, or written report. CHANGES TO EXISTING LAW Existing law defines the rights and duties of landlord and tenants, including presumptions regarding the terms of the hiring, the lawful means of terminating a lease or rental agreements, and the remedies available to the respective parties in the event of a breach of a lease or rental agreement. (Civ. Code Sec. 1940 et seq.) Existing law provides that if a tenant or lessee of real property breaches the lease and abandons the property before the end of the term, the landlord may deem the lease terminated and seek damages, or continue to perform under the lease and seek rent as it becomes due. (Civ. Code Sec. 1951.2; 250 LLC v. Photopoint Corp. (2005) 131 Cal.App.4th 703.) Existing law allows a tenant to terminate his or her tenancy if the tenant, or a household member, was the victim of domestic violence, sexual assault, or stalking. The notice to terminate a tenancy must be in writing, with one of the following attached: (1) copy of a temporary restraining order or emergency protective order, as specified; or (2) copy of a written report by a peace officer, as specified. (Civ. Code Sec. 1946.7.) Existing law requires the notice to terminate tenancy to be given within 60 days of the date that any order was issued, or within 60 days of the date that any written report was made, or the time period otherwise required for termination of tenancy. (Civ. Code Sec. 1946.7.) This bill would increase the time period in which a tenant may provide a notice to terminate tenancy from 60 to 180 days after the date of an order, or written report, as specified. COMMENT 1. Stated need for the bill AB 588 (V. Manuel Pérez) Page 3 of ? According to the author: California provides victims of domestic violence with certain protections. First, a victim can petition to be released early from her lease if she presents a copy of a police report or restraining order to her landlord within 60 days of it having been issued. Secondly, a tenant can get the exterior locks changed of her dwelling if a request is made in writing and she has a copy of a police report or restraining order that is no more than 180 days old. However, the current 60 day limitation has been an obstacle for many victims. In some instances the perpetrator is arrested, the victim feels safe within the rental unit assuming the perpetrator will be in jail for a long period of time. By the time the victim has learned of the perpetrator's release, more than 60 days have gone by. In other instances, the perpetrator disappears for a small period of time after being served with a restraining order, only to return and terrorize the victim after the 60 day limitation has passed. The victim must now break the lease and face financial hardship or wait out the terms of the lease agreement, and live in fear of the perpetrator breaking into the residence and causing harm. This is especially applicable for victims who do not live/share a rental unit with the perpetrator. A change to 180 days for early lease termination recognizes that not every case of domestic violence is the same. . . . There are at least 13 states Ýthat] have documentation requirements that are less restrictive than California or have no time restrictions at all on the documentation needed to end the lease. 2. Extension from 60 to 180 days This bill seeks to extend the period in which a victim can provide a notice to terminate their tenancy in order to address concerns about the arguably short period in which that notice must currently be given. As noted above, existing law allows tenants who are victims of domestic violence, stalking or sexual assault to provide a notice to terminate their tenancy within 60 days of a temporary restraining order, emergency protective order, or written report by a peace officer. That time frame provides tenants (and household members) with an arguably short AB 588 (V. Manuel Pérez) Page 4 of ? period in which a decision must be made with regards to whether or not to terminate a long-term lease. The author contends that: For some victims, it takes time to realize the seriousness of their situation before making the decision to finally leave their current rental dwelling and remove themselves from the violent and/or abusive situation. Other victims need more than 60 days to develop a plan as they move in and out of temporary housing or seek counseling. In other instances a victim is not aware of the early lease termination until after she has had a restraining order for more than sixty days. In response to those concerns, this bill would extend the time frame in which a tenant may provide a notice to terminate tenancy from 60 to 180 days after the applicable order or report. After that notice is given, the tenant is responsible for payment of rent for the 30 days following the notice and, thereafter, is released from any rent payment obligation under the rental agreement without penalty. The rent must be prorated if, within the 30-day period, the tenant quits the premises and the premises are rented to another party. From a practical standpoint, the additional time would appear to allow tenants time to evaluate relocation options, look for a new place, and actually move into their new home. The Western Center on Law and Poverty, in support, notes that "Ýt]he tenant-survivor is understandably reluctant to move from his or her home unless absolutely necessary, but that absolute need often does not become evident until after 60 days have elapsed." The Apartment Association, California Southern Cities, in support, further states that "aggressors do not necessarily stop acts of violence based on a restraining order, emergency protective order or a written report by a peace officer. Unfortunately, in some cases, we have found victims face violent abusers many weeks after the court order or police report has been issued or written." It should be noted that the proposed 180-day timeframe is consistent with the time in which a victim may request his or her landlord to change the locks after a court order or police report. The American Civil Liberties Union, in support, further asserts "Ýa]t least 13 states with similar laws have no time restrictions on the documentation required to end leases, so 180 days is not excessive when compared to other jurisdictions." From a practical standpoint, the extension proposed by this bill AB 588 (V. Manuel Pérez) Page 5 of ? would allow victims to terminate their leases up to six months after the relevant order or police report. While that extension could impact landlords by potentially increasing the number of lease terminations, the Committee has not received any opposition to this bill as of the writing of this analysis. In fact, as noted above, some landlord groups support the bill. The California Rural Legal Assistance Foundation, in support, further contends that this bill will impose no undue hardship on landlords and that "Ýe]ven before enactment of current provisions, many landlords routinely allowed survivors to terminate leases, for both humane reasons as well as practical and prudent reasons to avoid damage to the property and preserve the quiet enjoyment of other tenants to their leaseholds." Support : American Civil Liberties Union; Apartment Association, California Southern Cities; California Commission on the Status of Women; California Partnership to End Domestic Violence; California Narcotic Officers' Association; California Police Chiefs Association; California Rural Legal Assistance Foundation; Crime Victims United of California; Family Violence Law Center; Housing Rights Center; Junior Leagues of California State Public Affairs Committee; La Casa de las Madres; National Housing Law Project; Western Center on Law & Poverty; WomanHaven, Inc. Opposition : None Known HISTORY Source : Author Related Pending Legislation : None Known Prior Legislation : SB 782 (Yee, Chapter 626, Statutes of 2010), prohibited a landlord from terminating a tenancy based upon an act or acts of domestic violence, sexual assault, or stalking against the tenant or tenant's household member, if the act(s) can be appropriately documented and the perpetrator is not a tenant of the same dwelling unit as the tenant, and permitted a tenant to change locks of the dwelling unit, or request the landlord to do so, as specified, if the tenant has a restraining order against another person based on that other person's acts of domestic violence, sexual assault, or stalking against the tenant. Prior Vote : AB 588 (V. Manuel Pérez) Page 6 of ? Assembly Judiciary Committee (Ayes 10, Noes 0) Assembly Floor (Ayes 72, Noes 0) **************