SB 612, as amended, 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 abegin delete medical professional, health care provider, licensed mental health services provider, social worker,end deletebegin insert
health practitioner, aend insert
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, human trafficking as defined in Section 236.1 of the Penal
9Code, 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
P3 1Institutions Code that protects the tenant or household member
2from further domestic violence, sexual assault, stalking, human
3trafficking, or abuse of an elder or a dependent adult.
4(2) A copy of a written report by a peace officer employed by
5a state or local law enforcement agency acting in his or her official
6capacity, stating that the tenant or household member has filed a
7report alleging that he or she or the household
member is a victim
8of domestic violence, sexual assault, stalking, human trafficking,
9or abuse of an elder or a dependent adult.
10(3) begin delete(A)end deletebegin delete end deleteDocumentation from a qualified third partybegin delete actingend deletebegin insert based
11on information received by tend insertbegin inserthat third party while actingend insert in his or
12her professional capacity, that the tenant or household member is
13seeking assistance for physical or mental injuries or abuse
resulting
14from an act of domestic violence, sexual assault, stalking, human
15trafficking, elder abuse, or dependent adult abuse.
16(B) “Qualified third
party,” as used in this section, means a
17medical professional, health care provider, licensed mental health
18services provider, social worker, domestic violence counselor as
19defined in Section 1037.1 of the Evidence Code, a sexual assault
20counselor as defined in Section 1035.2 of the Evidence Code, or
21a human trafficking caseworker as defined in Section 1038.2 of
22the Evidence Code.
23(c) The notice to terminate the tenancy shall be given within
24180 days of the date that any order described in paragraph (1) of
25subdivision (b) was issued, within 180 days of the date that any
26written report described in paragraph (2) of subdivision (b) was
27made, or within the time period described in Section 1946.
28(d) If notice to terminate the tenancy
is provided to the landlord
29under this section, the tenant shall be responsible for payment of
30rent for 30 days following the giving of the notice, or within the
31appropriate period as described in Section 1946, and thereafter
32shall be released from any rent payment obligation under the rental
33agreement without penalty. Existing law governing the security
34deposit shall apply.
35(e) If within the 30 days following the giving of the notice under
36this section the tenant quits the premises and the premises are
37rented to another party, the rent due on the premises for that 30-day
38period shall be prorated. Existing law governing the security
39deposit shall apply.
P4 1(f) Nothing in this section relieves a tenant, other than the tenant
2who is, or who has a household member who is, a victim of
3domestic
violence, sexual assault, stalking, or abuse of an elder or
4a dependent adult and members of that tenant’s household, from
5their obligations under the rental agreement.
6(g) begin insert(1)end insertbegin insert end insert“Household memberbegin insert,end insert” as used in this sectionbegin insert,end insert means a
7member of the tenant’s family who lives in the same household
8as the tenant.
9(2) “Qualified third party,” as used in this section, means a
10health practitioner, domestic violence counselor, as
defined in
11Section 1037.1 of the Evidence Code, a sexual assault counselor,
12as defined in Section 1035.2 of the Evidence Code, or a human
13trafficking caseworker, as defined in Section 1038.2 of the Evidence
14Code.
15(3) “Health practitioner,” as used in this section, means a
16physician and surgeon, psychiatrist, psychologist, registered nurse,
17licensed clinical social worker, licensed marriage and family
18therapist, or licensed professional clinical counselor.
19(h) A landlord shall not disclose any information provided by
20a tenant under this section to a third party unless the disclosure
21satisfies any one of the following:
22(1) The tenant consents in writing to the disclosure.
23(2) The disclosure is required by law or order of the court.
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