Amended in Assembly June 12, 2013

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, repeal, and add Section 1946.7 of the Civil Code, and to amend Section 1161.3 of the Code of Civil Procedure, 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 either 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 a police report, as specified. 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.

begin insert

Existing law requires, by January 1, 2014, the Judicial Council to develop or revise a form that may be used to assert, on the basis of these provisions, an affirmative defense to an unlawful detainer action.

end insert

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. Until January 1, 2016, the bill would include among the supporting documents that a tenant may attach to the notice to terminate a tenancy begin delete specified end delete documentation begin delete from end delete begin insert that includes specified statements by the tenant and end insert begin insert by end insert a health practitioner, a domestic violence counselor, a sexual assault counselor, or a human trafficking caseworker begin insert to indicate end insert 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. The bill would make various conforming changes.

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, except as specified.

begin insert

This bill would extend, until July 1, 2014, the deadline for the Judicial Council to develop or revise the above-described form for an affirmative defense to an unlawful detainer action.

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 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.

(3)  begin insert (A) end insert begin insert   end insert Documentation from a qualified third party based on
information received by that third party while acting in his or her
professional capacity begin delete , end delete begin insert to indicate end insert 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 delete Documentation from a qualified third party shall include all of the
following: end delete

begin delete

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

end delete begin delete

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

end delete begin delete

(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 delete begin delete

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

end delete begin insert

(B) The documentation shall contain, in substantially the same
form, the following:

end insert

 

begin insert

begin insert Tenant Statement and Qualified Third Party Statement under Civil Code Section 1946.7 end insert
begin insert   end insert
begin insert Part I. Statement By Tenant   end insert
begin insert I, [insert name of tenant], state as follows:   end insert
begin insert I, or a member of my household, have been a victim of: end insert
begin insert [insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.]   end insert
begin insert The most recent incident(s) happened on or about: end insert
begin insert [insert date or dates.]   end insert
begin insert The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: end insert
begin insert [if known and safe to provide, insert name(s) and physical description(s).] end insert
begin insert   end insert
begin insert (signature of tenant)       (date)      end insert
begin insert   end insert
begin insert Part II. Qualified Third Party Statement end insert
begin insert   end insert
begin insert I, [insert name of qualified third party], state as follows:   end insert
begin insert My business address and phone number are: end insert
begin insert [insert business address and phone number.]   end insert
begin insert Check and complete one of the following: end insert
begin insert ____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. end insert
begin insert ____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. end insert
begin insert ____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. end insert
begin insert ____I am licensed by the State of California as a: end insert
begin insert [insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: end insert
begin insert [insert name of state licensing entity and license number.]   end insert
begin insert The person who signed the Statement By Tenant above stated to me that he or she, or a member of his or her household, is a victim of: end insert
begin insert [insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] end insert
begin insert The person further stated to me the incident(s) occurred on or about the date(s) stated above.   end insert
begin insert   end insert
begin insert I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord. end insert
begin insert   end insert
begin insert (signature of qualified third party)  (date) end insert
begin insert   end insert	begin insert   end insert

end insert

 

begin insert

(C) The documentation may be signed by a person who meets
the requirements for a sexual assault counselor, domestic violence
counselor, or a human trafficking caseworker only if the
documentation displays the letterhead of the office, hospital,
institution, center, or organization, as appropriate, that engages
or employs, whether financially compensated or not, this counselor
or caseworker.

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, 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) (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, begin insert osteopathic physician and surgeon, end insert
psychiatrist, psychologist, registered nurse, licensed clinical social
worker, licensed marriage and family therapist, or licensed
professional clinical counselor.

(h) (1) 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:

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

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

(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.

(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, begin delete 2013, end delete begin insert 2016, end insert deletes or extends that
date.

SEC. 2.  

Section 1946.7 is added to the Civil Code, 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 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.

SEC. 3.  

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

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, 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,
if both of the following apply:

(1) The act or acts of domestic violence, sexual assault, stalking,
human trafficking, 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, human trafficking,
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, human trafficking, 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, human trafficking, 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, human
trafficking, 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, human trafficking, 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 begin delete January end delete begin insert July end insert 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.