Amended in Senate April 23, 2013

Amended in Senate April 8, 2013

Senate Bill No. 612

Introduced by Senator Leno

February 22, 2013

An act to amend begin insert , repeal, and add end insert Section 1946.7 of the Civil Code, begin insert and to amend Section 1161.3 of the Code of Civil Procedure, end insert relating to residential tenancy.

LEGISLATIVE COUNSEL’S DIGEST

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 begin delete a tenancy end delete begin insert either end insert 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 begin delete adult, end delete begin insert adult end insert or begin delete to attach end delete a begin insert end insert begin insert police end insert report begin delete 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 end delete begin insert , as specified end insert . 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. begin delete 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 end delete begin insert Until January 1, 2016, the end insert bill would begin delete authorize end delete begin insert include among the supporting documents that a tenant may attach to end insert the notice to terminate a tenancy begin delete to have attached to it, instead of a restraining order, protective order, or peace officer report, end delete begin insert specified end insert documentation from a health practitioner, a 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. begin insert The bill would make various conforming changes. end insert

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 begin insert , except as specified end insert .

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 begin delete Sections end delete begin insert Section end insert 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
begin delete capacity, end delete begin insert capacity end insert 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, stalking, human
trafficking, or abuse of an elder or a dependent adult.

(3) Documentation from a qualified third party based on
information received by that third party while 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. begin insert Documentation
from a qualified third party shall include all of the following: end insert

begin insert

(A) The name, address, and telephone number of the qualified
third party.

end insert begin insert

(B) The licensing body or professional affiliation of the qualified
third party.

end insert begin insert

(C) The license number of the qualified third party or, if the
qualified third party is not licensed, the name of his or her
immediate supervisor written on the letterhead stationery of the
qualified third-party’s state-recognized employer.

end insert begin insert

(D) If known and considered safe to provide, the name and
physical description of the abuser.

end insert

(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, begin insert human trafficking, end insert or
abuse of an elder or a dependent adult and members of that tenant’s
household, from their obligations under the rental agreement.

(g) (1) “Household member,” as used in this section, means a
member of the tenant’s family who lives in the same household
as the tenant.

(2) “Qualified third party,” as used in this section, means a
health practitioner, 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.

(3) “Health practitioner,” as used in this section, means a
physician and surgeon, psychiatrist, psychologist, registered nurse,
licensed clinical social worker, licensed marriage and family
therapist, or licensed professional clinical counselor.

(h)  begin insert (1) end insert begin insert   end insert 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:

begin delete

(1)

end delete

begin insert (A) end insert  The tenant consents in writing to the disclosure.

begin delete

(2)

end delete

begin insert (B) end insert  The disclosure is required by law or order of the court.

begin insert

(2) A landlord’s communication to a qualified third party who
provides documentation under paragraph (3) of subdivision (b)
to verify the contents of that documentation is not disclosure for
purposes of this subdivision.

end insert begin insert

(i) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1946.7 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

begin insert 1946.7. end insert   

(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 Section 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, stalking, human trafficking,
or abuse of an elder or a dependent adult.

(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, human trafficking, 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.

(i) This section shall be operative January 1, 2016.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1161.3 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

1161.3.  

(a) Except as provided in subdivision (b), a landlord
shall not terminate a tenancy or fail to renew a tenancy based upon
an act or acts against a tenant or a tenant’s household member that
constitute domestic violence as defined in Section 6211 of the
Family Code, sexual assault as defined in Section 1219, stalking
as defined in Section 1708.7 of the Civil Code or Section 646.9
of the Penal Code, begin insert human trafficking as defined in Section 236.1
of the Penal Code, end insert or abuse of an elder or a dependent adult as
defined in Section 15610.07 of the Welfare and Institutions Code,
if both of the following apply:

(1) The act or acts of domestic violence, sexual assault, stalking,
begin insert human trafficking, end insert or abuse of an elder or a dependent adult have
been documented by one of the following:

(A) A temporary restraining order, emergency protective order,
or protective order lawfully issued within the last 180 days pursuant
to Section 527.6, Part 3 (commencing with Section 6240), Part 4
(commencing with Section 6300), or Part 5 (commencing with
Section 6400) of Division 10 of the Family Code, Section 136.2
of the Penal Code, or Section 213.5 or 15657.03 of the Welfare
and Institutions Code that protects the tenant or household member
from domestic violence, sexual assault, stalking, begin insert human trafficking, end insert
or abuse of an elder or a dependent adult.

(B) A copy of a written report, written within the last 180 days,
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, stalking, begin insert human trafficking, end insert or abuse of an elder or a
dependent adult.

(2) 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, stalking, begin insert human trafficking, end insert or
abuse of an elder or dependent adult is not a tenant of the same
dwelling unit as the tenant or household member.

(b) A landlord may terminate or decline to renew a tenancy after
the tenant has availed himself or herself of the protections afforded
by subdivision (a) if both of the following apply:

(1) Either of the following:

(A) 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, stalking, begin insert human
trafficking, end insert or abuse of an elder or a dependent adult to visit the
property.

(B) 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, stalking, begin insert human trafficking, end insert or abuse of
an elder or dependent adult poses a physical threat to other tenants,
guests, invitees, or licensees, or to a tenant’s right to quiet
possession pursuant to Section 1927 of the Civil Code.

(2) The landlord previously gave at least three days’ notice to
the tenant to correct a violation of paragraph (1).

(c) Notwithstanding any provision in the lease to the contrary,
the landlord shall not be liable to any other tenants for any action
that arises due to the landlord’s compliance with this section.

(d) For the purposes of this section, “tenant” means tenant,
subtenant, lessee, or sublessee.

(e) The Judicial Council shall, on or before January 1, 2014,
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.