SB 612, as introduced, Leno. Residential tenancy: victims of human trafficking and elder or dependent adult abuse.
Existing law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, or abuse of an elder or dependent adult and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence, sexual assault, or abuse of an elder or dependent adult, or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence, sexual assault, or stalking. Existing law permits the tenant to quit the premises after notification and limits the tenant’s obligation for payment of rent, as specified. Existing law requires the notice to terminate the tenancy to be given within 180 days of the date the order was issued or the report was made, or as specified.
This bill would expand these provisions to authorize a tenant to notify the landlord that he or she or a household member is a victim of human trafficking and the tenant intends to terminate the tenancy, as specified. This bill would authorize a tenant to attach to the notice to terminate a tenancy a copy of a report by a peace officer indicating that the tenant or household member filed a report alleging that he or she or the household member is a victim of human trafficking or abuse of an elder or dependent adult. The bill would authorize the notice to terminate a tenancy to have attached to it, instead of a restraining order, protective order, or peace officer report, documentation from a medical professional, health care provider, licensed mental health services provider, social worker, domestic violence counselor, a sexual assault counselor, or a human trafficking caseworker that the tenant is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult.
This bill would prohibit a landlord from disclosing any information provided by a tenant under these provisions to a 3rd party unless the disclosure is consented to in writing or is required by law or order of the court.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1946.7 of the Civil Code is amended to
2read:
(a) A tenant may notify the landlord that he or she or
4a household member was a victim of an act that constitutes an act
5of domestic violence as defined in Section 6211 of the Family
6Code, sexual assault as defined in Sections 261, 261.5, 262, 286,
7288a, or 289 of the Penal Code, stalking as defined in Section
81708.7,begin insert human trafficking as defined in Section 236.1 of the Penal
9Code,end insert or abuse of an elder or a dependent adult as defined in
10Section 15610.07 of the Welfare and Institutions Code, and that
11the tenant intends to terminate the tenancy.
12(b) A notice to terminate a tenancy under this section shall be
13in writing, with one of the following attached to the
notice:
14(1) A copy of a temporary restraining order, emergency
15protective order, or protective order lawfully issued pursuant to
16Part 3 (commencing with Section 6240) or Part 4 (commencing
17with Section 6300) of Division 10 of the Family Code, Section
18136.2 of the Penal Code, Section 527.6 of the Code of Civil
19Procedure, or Section 213.5 or 15657.03 of the Welfare and
20Institutions Code that protects the tenant or household member
P3 1from further domestic violence, sexual assault, stalking,begin insert human
2trafficking,end insert or abuse of an elder or a dependent adult.
3(2) A copy of a written report by a peace officer employed by
4a state or local law enforcement agency acting in his or her official
5capacity, stating that the tenant or household member has filed a
6report alleging that he or she or
the household member is a victim
7of domestic violence, sexual assault,begin delete orend delete stalkingbegin insert, human trafficking,
8or abuse of an elder or a dependent adultend insert.
9(3) (A) Documentation from a qualified third party acting in
10his or her professional capacity, that the tenant or household
11member is seeking assistance for physical or mental injuries or
12abuse resulting from an act of domestic violence, sexual assault,
13stalking, human trafficking, elder abuse, or dependent adult abuse.
14(B) “Qualified third
party,” as used in this section, means a
15medical professional, health care provider, licensed mental health
16services provider, social worker, domestic violence counselor as
17defined in Section 1037.1 of the Evidence Code, a sexual assault
18counselor as defined in Section 1035.2 of the Evidence Code, or
19a human trafficking caseworker as defined in Section 1038.2 of
20the Evidence Code.
21(c) The notice to terminate the tenancy shall be given within
22180 days of the date that any order described in paragraph (1) of
23subdivision (b) was issued, within 180 days of the date that any
24written report described in paragraph (2) of subdivision (b) was
25made, or within the time period described in Section 1946.
26(d) If notice to terminate the tenancy is provided to the landlord
27under this section, the tenant shall be responsible for payment of
28rent for 30 days following the
giving of the notice, or within the
29appropriate period as described in Section 1946, and thereafter
30shall be released from any rent payment obligation under the rental
31agreement without penalty. Existing law governing the security
32deposit shall apply.
33(e) If within the 30 days following the giving of the notice under
34this section the tenant quits the premises and the premises are
35rented to another party, the rent due on the premises for that 30-day
36period shall be prorated. Existing law governing the security
37deposit shall apply.
38(f) Nothing in this section relieves a tenant, other than the tenant
39who is, or who has a household member who is, a victim of
40domestic violence, sexual assault, stalking, or abuse of an elder or
P4 1a dependent adult and members of that tenant’s household, from
2their obligations under the rental agreement.
3(g) “Household member” as used in this section means a member
4of the tenant’s family who lives in the same household as the
5tenant.
6(h) A landlord shall not disclose any information provided by
7a tenant under this section to a third party unless the disclosure
8satisfies any one of the following:
9(1) The tenant consents in writing to the disclosure.
end insertbegin insert10(2) The disclosure is required by law or order of the court.
end insertO
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