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)



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          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  
                                                                      



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          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 
                                                                      



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          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 
                                                                      



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          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  :
                                                                      



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          Assembly Judiciary Committee (Ayes 10, Noes 0)
          Assembly Floor (Ayes 72, Noes 0)

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