BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 588|
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THIRD READING
Bill No: AB 588
Author: V. Manuel Pérez (D)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 06/14/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
ASSEMBLY FLOOR : 72-0, 03/31/11 - See last page for vote
SUBJECT : Tenancy: victims of domestic violence
SOURCE : Author
DIGEST : This bill amends an existing law so that a
tenant who is a victim of domestic violence has more time
to provide notice of intent to terminate a lease early.
This bill provides that upon informing the landlord of
intent to terminate a tenancy because he or she is a victim
of domestic violence, sexual assault, or stalking, the
tenant must also provide the landlord with a substantiating
court order or police report, as specified, that was issued
or written within the last 180 days. (Existing law requires
the order or report to have been issued or written within
the last 60 days.)
ANALYSIS : 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
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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 increases 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/15/11)
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
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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.
ARGUMENTS IN SUPPORT : 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
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the documentation needed to end the lease.
ASSEMBLY FLOOR : 72-0, 03/31/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Mitchell, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel Pérez, Portantino, Silva, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Campos, Donnelly, Gorell,
Mansoor, Skinner, Smyth, Vacancy
RJG:nl 6/15/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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