BILL NUMBER: SB 612 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 12, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 8, 2013
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.
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.
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 specified documentation
from that includes specified
statements by the tenant and by a health
practitioner, a domestic violence counselor, a sexual assault
counselor, or a human trafficking caseworker to indicate
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.
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.
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) (A) Documentation from a qualified third
party based on information received by that third party while acting
in his or her professional capacity , to
indicate 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.
Documentation from a qualified third party shall include all of the
following:
(A) The name, address, and telephone number of the qualified third
party.
(B) The licensing body or professional affiliation of the
qualified third party.
(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.
(D) If known and considered safe to provide, the name and physical
description of the abuser.
(B) The documentation shall contain, in substantially the same
form, the following:
Tenant Statement and Qualified Third Party
Statement
under Civil Code Section 1946.7
Part I. Statement By Tenant
I, (insert name of tenant), state as follows:
I, or a member of my household, have been a
victim of:
(insert one or more of the following: domestic
violence, sexual assault, stalking, human
trafficking, elder abuse, or dependent adult
abuse.)
The most recent incident(s) happened on or about:
(insert date or dates.)
The incident(s) was/were committed by the
following person(s), with these physical
description(s), if known and safe to provide:
(if known and safe to provide, insert name(s)
and physical description(s).)
_______________________ ___________
(signature of tenant) (date)
Part II. Qualified Third Party Statement
I, (insert name of qualified third party), state
as follows:
My business address and phone number are:
(insert business address and phone number.)
Check and complete one of the following:
____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.
____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.
____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.
____I am licensed by the State of California as
a:
(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:
(insert name of state licensing entity and
license number.)
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:
(insert one or more of the following: domestic
violence, sexual assault, stalking, human
trafficking, elder abuse, or dependent adult
abuse.)
The person further stated to me the incident(s)
occurred on or about the date(s) stated above.
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.
____________________________________ _______
(signature of qualified third party) (date)
(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.
(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, osteopathic physician and surgeon,
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, 2013,
2016, 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 January
July 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.