BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 319
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          Date of Hearing:   January 14, 2014
          Counsel:        Stella Choe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                    AB 319 (Campos) - As Amended:  January 9, 2014

           
          SUMMARY  :  Prohibits a local agency from requiring a landlord to  
          evict a tenant based upon specified acts of violence against the  
          tenant or a member of the tenant's household.  Specifically,  
          this bill:

          1)States that a local agency shall not require a landlord to  
            terminate a tenancy or fail to renew a tenancy based upon an  
            act or acts against a tenant or tenant's household member that  
            constitute domestic violence, sexual assault, stalking, human  
            trafficking, or elder abuse.

          2)Specifies that the number of 911 calls made relating to the  
            tenant or a member of the tenant's household being a victim of  
            one of the specified offenses cannot be the basis for a local  
            agency to require a landlord to terminate the tenancy or fail  
            to renew the tenancy.

          3)Requires that the act or acts of domestic violence, sexual  
            assault, stalking, human trafficking or elder abuse be  
            appropriately documented and that the perpetrator cannot be a  
            tenant of the same dwelling unit as the tenant.

          4)Defines a "tenant" as a tenant, a subtenant, a lessee, or a  
            sublessee.

           EXISTING LAW  :  
           
           1)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 committed waste upon the premises  
            contrary to the conditions of the lease, or has maintained,  
            committed, or permitted the maintenance or commission of a  
            nuisance upon the premises or used the premises for an  
            unlawful purpose.  (Code Civ. Proc., § 1161, subd. 4.)  








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           2)Prohibits 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 or  
            acts of domestic violence, sexual assault, or stalking have  
            been appropriately documented, and the perpetrator is not a  
            tenant of the same dwelling unit as the tenant.  (Code Civ.  
            Proc., § 1161.3, subd. (a).)

          3)Mandates Judicial Council, on or before January 1, 2012, to  
            develop a new form or revise an existing form that may be used  
            by a party to assert in the responsive pleading the grounds  
            set forth in this section as an affirmative defense to an  
            unlawful detainer action.  (Code Civ. Proc., § 1161.3, subd.  
            (e).)

          4)Allows a landlord to terminate or decline to renew a tenancy  
            even if a tenant is protected as a victim of domestic  
            violence, sexual assault or stalking, if both of the following  
            apply:

             a)   Either one of the following:

               i)     The tenant allows the person against whom the  
                 protection order has been issued or who was named in the  
                 police report of the act or acts of domestic violence,  
                 sexual assault, or stalking to visit the property; or

               ii)    The landlord reasonably believes that the presence  
                 of the person against whom the protection order has been  
                 issued or who was named in the police report of the act  
                 or acts of domestic violence, sexual assault, or stalking  
                 poses a physical threat to other tenants, guests,  
                 invitees, or licensees, or to a tenant's right to quiet  
                 possession; and

             b)   The landlord previously gave at least three days' notice  
               to the tenant to correct one of the above violations.   
               (Code Civ. Proc., § 1161.3, subd. (b).)

          5)Requires a landlord to change the locks of a protected  
            tenant's dwelling unit upon written request of the protected  
            tenant not later than 24 hours after the protected tenant  
            gives the landlord a copy of a court order or police report,  








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            and give the protected tenant a key to the new locks.  (Civ.  
            Code, § 1941.5, subd. (b).)

          6)Requires a landlord to change the locks of a protected  
            tenant's dwelling unit upon written request of the protected  
            tenant not later than 24 hours after the protected tenant  
            gives the landlord a copy of a court order that excludes from  
            the dwelling unit the restrained person who is a tenant of the  
            same dwelling unit. The landlord shall give the protected  
            tenant a key to the new locks.  (Civ. Code, § 1941.6, subd.  
            (b).)

          7)States if a landlord fails to change the locks within 24  
            hours, the protected tenant may change the locks without the  
            landlord's permission, notwithstanding any provision in the  
            lease to the contrary.  (Civ. Code, §§ 1941.5, subd. (c)(1),  
            1941.6, subd. (c)(1).)

          8)Allows a tenant or a household member who was a victim of  
            domestic violence, sexual assault, or stalking to terminate a  
            rental agreement and be discharged from rental payments due.   
            The tenant must provide the landlord with a copy of a  
            temporary restraining order, emergency protective order, or a  
            written report by a peace officer stating that the tenant or  
            household member has filed a police report alleging that the  
            tenant or household member is a victim of domestic violence,  
            sexual assault, or stalking.  (Civ. Code, § 1946.7.)
           

          FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  "Many local government nuisance  
            ordinances limit 911 calls from certain residences. While the  
            intent of these ordinances is to protect neighborhoods from  
            disruptive and violent households, they can also have a  
            chilling effect on legitimate 911 calls.  These ordinances not  
            only limit 911 calls, they also permit law enforcement  
            officials to require landlords to evict tenants who make too  
            many 911 calls.  Because these ordinances treat all violence,  
            including domestic violence, in the same way, they force women  
            to choose between calling for help and losing their home.   
            This is an issue that is being talked about nationally, and in  








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            California.

          "As a former city councilmember, I appreciate a city's need to  
            protect neighborhoods from disruptive households. But these  
            ordinances go too far when they apply to domestic violence 911  
            calls. All violence is not the same, especially when the  
            victim is also a tenant of the so-called 'nuisance' residence.

          "In 2011, California law enforcement agencies received more than  
            150,000 domestic violence-related calls. There were 147  
            domestic violence-related homicides, and approximately 129  
            (88%) of the fatalities were female.  1-in-4 women and 1-in-7  
            men have experienced severe physical violence by an intimate  
            partner. Government should not be adding to the problems of  
            domestic violence victims.

          "These ordinances are intended to stop violence being committed  
            by a tenant. And that makes sense. However, treating all  
            violence the same means that domestic violence committed by a  
            tenant against another tenant can also trigger eviction. This  
            one-size-fits-all approach punishes the domestic violence  
            victim all over again.

          "AB 319 would fix this problem. The bill would prohibit any  
            limit on 911 calls for reporting domestic violence."

           2)Existing Protections  :  In 2007, the Board of Supervisors of  
            the City and County of San Francisco adopted an ordinance  
            which provided for a defense to eviction for victims of  
            domestic violence, sexual assault, or stalking.  In 2008,  
            Senator Leland Yee introduced SB 782 to duplicate those  
            protections statewide.  Specifically, the legislation  
            prohibited tenant evictions if the eviction is based on  
            incidents of domestic violence, sexual assault, or stalking.   
            It also allowed landlords to change the locks on a unit if the  
            victim tenant makes that request after obtaining an emergency  
            protective order, and allowed a tenant to change the locks if  
            the landlord fails to do so within 24 hours.   
            ( [as of Dec. 30, 2013].)  These  
            protections were later expanded to include victims of human  
            trafficking and elder abuse.  (See SB 1403 (Yee), Chapter 516,  
            Statutes of 2012; and SB 612 (Leno) Chapter 130, Statutes of  
            2013.)








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          According to the Judiciary Committee's analysis of SB 782, there  
            were some early concerns that "tenants might abuse this right  
            by claiming to be victims in order to avoid eviction on other  
            grounds.  However, the bill makes it quite clear that the  
            landlord is only restricted from terminating a tenancy if the  
            termination is "based upon an act or acts against a tenant  
            that constitute domestic violence . . . sexual assault . . .  
            or stalking."  In other words, if a tenant fails to pay rent  
            or violates some other condition of the lease, the protection  
            provided by this bill will not apply even if the tenant has  
            documentation showing that he or she is a victim of domestic  
            violence.  It is only when the landlord terminates the tenancy  
            because of problems created by the acts of the abuser - such  
            as loud noises that disturb other tenants, violence that may  
            threaten other tenants, or frequent police calls to quell  
            disturbances - that the victim may invoke the provisions of  
            this bill."  (Assem. Com. on Judiciary, Analysis of Sen. Bill  
            No. 782 (2009-2019 Reg. Sess.) as amended June 10, 2010, p.  
            5.)   

          While there are existing protections for victim tenants under SB  
            782, this Committee has been informed that victims are still  
            being evicted based on 911 calls made about the incident or  
            incidents of violence.  This bill will expressly prohibit the  
            unfair evictions of victims of violent crimes based upon the  
            number of 911 calls relating to the acts of violence.

           3)Nuisance Eviction Ordinances  :  An example of a nuisance  
            ordinance which requires a rental lease addendum is Oakland  
            Municipal Code Section 8.23.  "The purposes of the ordinance  
            codified in this chapter include: to establish a procedure  
            whereby rental property owners can be required to evict  
            tenants committing illegal activity on the premises; to  
            penalize such owners for maintaining a nuisance or authorize  
            the city to take other action against the rental property  
            owner for failing to take appropriate action against the  
            offending tenants; to enable rental property owners to assign  
            the eviction cause of action to the city and allow the City  
            Attorney to handle the eviction of the offending tenant; and  
            to authorize owners to remove from the rental unit only the  
            person engaged in the illegal activity and not other tenants  
            in the unit who may be innocent of the activity"  (Oakland  
            Mun. Code, § 8.23.100, subd. A.)








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          The categories of crimes that may lead to an eviction under this  
            code are drug related nuisance; gang-related crime; illegal  
            drug activity; illegal possession, sale, or use of a weapon;  
            violent crime; or threat of a violent crime.  (Oakland Mun.  
            Code, § 8.23.100, subd. C.)  Violent crime or a threat of  
            violent crime would be the categories of crime most relevant  
            to domestic violence.  However, the ordinance specifically  
            excludes violent crime or a threat of violence crime  
            "committed against a person residing in the same rental unit  
            as the person committing the crime."  (Ibid.)

          When read in conjunction with the purposes of the ordinance,  
            specifically, "to authorize owners to remove from the rental  
            unit only the person engaged in the illegal activity and not  
            other tenants in the unit who may be innocent of the  
            activity," it appears that the ordinance is intended only to  
            evict perpetrators, not victims of violent crimes from their  
            homes. (Oakland Mun. Code, § 8.23.100, subd. A.)

          Although Oakland's ordinance makes efforts to prevent evictions  
            of tenant victims, there are many other local ordinances that  
            may not include the same protections.  By clarifying that  
            public agencies are prohibited from forcing landlords to evict  
            a victim tenant based on an incident of violence, including  
            the number of 911 calls made relating to the incident, this  
            bill would ensure that these local ordinances cannot be used  
            to unfairly evict a victim.  
           
           4)Argument in Support  :  None submitted.

           5)Prior Legislation  :  

             a)   SB 612 (Leno), Chapter 130, Statutes of 2013, extends  
               tenant protections to victims of human trafficking.

             b)   SB 1403 (Yee), Chapter 516, Statutes of 2012, extends  
               tenant protections to victims of elder or dependent adult  
               abuse.

             c)   SB 782 (Yee), Chapter 626, Statutes of 2010, prohibits 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, as  








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               provided.  Authorized 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.

             d)   AB 2052 (Lieu), Chapter 440, Statutes of 2008, provides  
               that a tenant or a household member who was a victim of  
               domestic violence, sexual assault, or stalking may  
               terminate a rental agreement and be discharged from rental  
               payments due.

             e)   SB 1745 (Kuehl), of the 2005-06 Legislative Session,  
               would have declared that it is against the public policy of  
               California to discriminate against a person in employment  
               because he/she is a victim of domestic violence, sexual  
               assault, or stalking, as defined.  SB 1745 was vetoed.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None

           Opposition 
           
          None
           

          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744