BILL NUMBER: SB 612 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 22, 2013
An act to amend Section 1946.7 of the Civil Code, relating to
residential tenancy.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 1946.7 of the Civil Code is amended to read:
1946.7. (a) A tenant may notify the landlord that he or she or a
household member was a victim of an act that constitutes an act of
domestic violence as defined in Section 6211 of the Family Code,
sexual assault as defined in Sections 261, 261.5, 262, 286, 288a, or
289 of the Penal Code, stalking as defined in Section 1708.7,
human trafficking as defined in Section 236.1 of the Penal Code,
or abuse of an elder or a dependent adult as defined in Section
15610.07 of the Welfare and Institutions Code, and that the tenant
intends to terminate the tenancy.
(b) A notice to terminate a tenancy under this section shall be in
writing, with one of the following attached to the notice:
(1) A copy of a temporary restraining order, emergency protective
order, or protective order lawfully issued pursuant to Part 3
(commencing with Section 6240) or Part 4 (commencing with Section
6300) of Division 10 of the Family Code, Section 136.2 of the Penal
Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5
or 15657.03 of the Welfare and Institutions Code that protects the
tenant or household member from further domestic violence, sexual
assault, stalking, human trafficking, or abuse of an elder
or a dependent adult.
(2) A copy of a written report by a peace officer employed by a
state or local law enforcement agency acting in his or her official
capacity, stating that the tenant or household member has filed a
report alleging that he or she or the household member is a victim of
domestic violence, sexual assault, or stalking
, human trafficking, or abuse of an elder or a dependent adult
.
(3) (A) Documentation from a qualified third party acting in his
or her professional capacity, that the tenant or household member is
seeking assistance for physical or mental injuries or abuse resulting
from an act of domestic violence, sexual assault, stalking, human
trafficking, elder abuse, or dependent adult abuse.
(B) "Qualified third party," as used in this section, means a
medical professional, health care provider, licensed mental health
services provider, social worker, domestic violence counselor as
defined in Section 1037.1 of the Evidence Code, a sexual assault
counselor as defined in Section 1035.2 of the Evidence Code, or a
human trafficking caseworker as defined in Section 1038.2 of the
Evidence Code.
(c) The notice to terminate the tenancy shall be given within 180
days of the date that any order described in paragraph (1) of
subdivision (b) was issued, within 180 days of the date that any
written report described in paragraph (2) of subdivision (b) was
made, or within the time period described in Section 1946.
(d) If notice to terminate the tenancy is provided to the landlord
under this section, the tenant shall be responsible for payment of
rent for 30 days following the giving of the notice, or within the
appropriate period as described in Section 1946, and thereafter shall
be released from any rent payment obligation under the rental
agreement without penalty. Existing law governing the security
deposit shall apply.
(e) If within the 30 days following the giving of the notice under
this section the tenant quits the premises and the premises are
rented to another party, the rent due on the premises for that 30-day
period shall be prorated. Existing law governing the security
deposit shall apply.
(f) Nothing in this section relieves a tenant, other than the
tenant who is, or who has a household member who is, a victim of
domestic violence, sexual assault, stalking, or abuse of an elder or
a dependent adult and members of that tenant's household, from their
obligations under the rental agreement.
(g) "Household member" as used in this section means a member of
the tenant's family who lives in the same household as the tenant.
(h) A landlord shall not disclose any information provided by a
tenant under this section to a third party unless the disclosure
satisfies any one of the following:
(1) The tenant consents in writing to the disclosure.
(2) The disclosure is required by law or order of the court.