AB 319, as amended, Campos. Local agencies: domestic violence.
Existing law specifies the powers and duties common to cities, counties, and other public agencies. Existing law defines domestic violence, sexual assault, stalking, human trafficking, and abuse of an elder or dependent adult.
This bill would prohibit a local agencybegin insert, as defined,end insert from requiring a landlord to terminate a tenancy or fail to renew a tenancy based upon an act against a tenant or a tenant’s household member that constitutes domestic violence, sexual assault, stalking, human trafficking, and abuse of an elder or dependent adult or based upon the number of calls made by a person to the emergency telephone system relating to the tenant or a member of the tenant’s household being a victim of an act constituting domestic violence, sexual assault, stalking, human trafficking, and abuse of an elder or dependent adult.
begin insertThe bill would also declare that the need to protect tenants referenced in this bill is a matter of statewide concern and not a municipal affair, and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill.
end insertVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Article 10 (commencing with Section 53165) is
2added to Chapter 1 of Part 1 of Division 2 of Title 5 of the 3Government Code, to read:
4
(a) A local agency shall not require a landlord to
9terminate a tenancy or fail to renew a tenancy based upon an act
10or acts against a tenant or a tenant’s household member that
11constitute domestic violence as defined in Section 6211 of the
12Family Code, sexual assault as defined in Section 1219 of the Code
13of Civil Procedure, stalking as defined in Section 1708.7begin insert of the
14Civil Codeend insert or Section 646.9 of the Penal Code, human trafficking
15as defined in Section 236.1 of the Penal Code, or abuse of an elder
16or a dependent adult as defined in Section 15610.07 of the Welfare
17and Institutions Code, provided that the requirements of subdivision
18(a)
of Section 1161.3 of the Code of Civil Procedure are met.
19(b) A local agency shall not require a landlord to terminate a
20
tenancy or fail to renew a tenancy based upon the number of calls
21made by any person to the emergency telephone system relating
22to the tenant or a member of the tenant’s household being a victim
23of an act or acts that constitute domestic violence as defined in
24Section 6211 of the Family Code, sexual assault as defined in
25Section 1219 of the Code of Civil Procedure, stalking as defined
26in Section 1708.7begin insert of the Civil Codeend insert or Section 646.9 of the Penal
27Code, human trafficking as defined in Section 236.1 of the Penal
28Code, or abuse of an elder or a dependent adult as defined in
29Section 15610.07 of the Welfare and Institutions Code, provided
30that the requirements of subdivision (a) of Section 1161.3 of the
31Code of Civil Procedure are met.
32(c) For the purposes of this section, “tenant” means tenant,
33subtenant, lessee, or sublessee.
P3 1(d) For purposes of this section, “local agency” means a county,
2city, whether general law or chartered, city and county, town,
3housing authority, municipal corporation, district, political
4subdivision, or any board, commission, or agency thereof, or other
5local public agency.
begin insertThe Legislature finds and declares that the need to
7protect tenants referenced in this bill is a matter of statewide
8concern, and not merely a municipal affair, as that term is used
9in Section 5 of Article XI of the California Constitution. Therefore,
10this act shall apply to charter cities.end insert
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