BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 612| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 612 Author: Leno (D) Amended: 4/23/13 Vote: 21 SENATE JUDICIARY COMMITTEE : 7-0, 4/16/13 AYES: Evans, Walters, Anderson, Corbett, Jackson, Leno, Monning SUBJECT : Residential tenancy SOURCE : California Partnership to End Domestic Violence National Housing Law Project DIGEST : This bill extends tenant protections to victims of human trafficking. This bill also allows a tenant to terminate his or her lease upon the issuance of documentation from qualified third parties that demonstrates the tenant or a household member is seeking assistance for physical or mental injuries resulting from abuse, and prohibits landlords from disclosing information related to a tenant's early termination based on abuse, as specified. ANALYSIS : Existing law: 1.Defines the rights and duties of landlords and tenants, including presumptions regarding the terms of the hiring, the lawful means of terminating a lease or rental agreements, and the remedies available to the respective parties in the event CONTINUED SB 612 Page 2 of a breach of a lease or rental agreement. 2.Provides that if a tenant or lessee of real property breaches the lease and abandons the property before the end of the term, the landlord may deem the lease terminated and seek damages, or continue to perform under the lease and seek rent as it becomes due. 3.Allows a tenant to terminate his or her tenancy if the tenant, or a household member, was the victim of domestic violence, sexual assault, stalking, or dependent adult or elder abuse. The notice to terminate a tenancy must be in writing, with one of the following attached: (1) copy of a temporary restraining order, protective order, or emergency protective order, as specified; or (2) copy of a written report by a peace officer, as specified. 4.Requires the notice to terminate tenancy to be given within 180 days of the date that any order was issued, or within 180 days of the date that any written report was made, or the time period otherwise required for termination of tenancy. 5.Prohibits a landlord from terminating a tenancy or failing to renew a tenancy based upon an act or acts against a tenant or a tenant's household member that constitute domestic violence, sexual assault, stalking, or elder or dependent adult abuse if the acts of domestic violence, sexual assault, or stalking have been documented by a temporary restraining order, emergency protective order, or a copy of a written report by a peace officer. This bill: 1.Allows a tenant to terminate his or her tenancy if the tenant or a household member was the victim of human trafficking. 2.Adds documentation from a qualified third party based on information received while acting in his or her professional capacity, to the list of documents with which a tenant may substantiate the need for early termination of a lease or rental agreement based upon domestic violence, sexual assault, stalking, elder or dependent adult abuse, or human trafficking. CONTINUED SB 612 Page 3 3.Defines "qualified third party" as domestic violence counselors, sexual assault counselors, or human trafficking caseworkers, as defined, and defines "health practitioners," as physicians, surgeons, psychiatrists, psychologists, registered nurses, licensed social workers, licensed marriage and family therapists, or licensed professional clinical counselors. 4.Prohibits a landlord from disclosing any information provided by the tenant regarding the early termination of his or her lease based on documented abuse unless: The tenant consents in writing to the disclosure; or The disclosure is required by law or order of the court. 1.Authorizes landlords to contact the qualified third party in order to verify the legitimacy of statements without violating existing confidentiality requirements 2.Adds a January 1, 2016 sunset provision in this bill related to the definition of "qualified third party," to allow for Legislative review. Background Victims of domestic violence, sexual assault, elder and dependent adult abuse, and stalking face numerous challenges when seeking to regain control of their lives. Depending on the situation, the victim may need to change his or her phone number, participate in the Safe at Home Program through the Secretary of State, or even move, to create a safe environment for themselves and their family. Victims who rent their homes face challenges when attempting to leave a dangerous environment if they are currently in a long-term lease. In response to concerns regarding the inability of victims to terminate their lease without liability, AB 2052 (Lieu, Chapter 440, Statutes of 2008) allowed a tenant to terminate his or her lease within 60 days of the issuance of a temporary restraining order, emergency protective order, or written report by a peace officer alleging that the tenant, or household member, is a victim of domestic violence or stalking. Absent that protection, victims who relocated could still be subject to CONTINUED SB 612 Page 4 liability under the lease if the landlord did not agree to release the tenant from his or her obligations. Subsequently, AB 588 (V. Manuel Pérez, Chapter 76, Statutes of 2011) increased this time from 60 to 180 days. SB 1403 (Yee, Chapter 516, Statutes of 2012) further extended these protections to victims of elder or dependent adult abuse and included protective orders among the appropriate supporting documentation allowed when victims seek to terminate leases prematurely. Additionally, SB 782 (Yee, Chapter 626, Statutes of 2010) prohibited landlords from terminating or failing to renew a tenancy based upon a documented act or acts against a tenant or a tenant's household member that is a victim of domestic violence, sexual assault, or stalking. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/23/13) California Partnership to End Domestic Violence (co-source) National Housing Law Project (co-source) ACLU California Alliance Against Family Violence and Sexual Assault Asian and Pacific Islander Institute on Domestic Violence Asian Pacific Islander Legal Outreach California Apartment Association Casa de Esperanza Center for Community Solutions Center for Domestic Peace Center of Excellence on Elder Abuse and Neglect at UC Irvine Crime Victims United of California Domestic Violence Education and Services Emergency Shelter Program Family Violence Law Center Housing California Housing Equality Law Project Jewish Family Services of Los Angeles Law Foundation of Silicon Valley Legal Aid Society Employment Law Center Mountain Crisis Services, Inc. National Council of Jewish Women-California Next Door Solutions to Domestic Violence Peace Over Violence Rainbow Services, LTD. CONTINUED SB 612 Page 5 Regional Human Rights/Fair Housing Commission San Francisco Department on the Status of Women Sojourn Services for Battered Women and Their Children South Asian Network Tenants Together Walnut Avenue Women's Center Western Center on Law and Poverty Women's Crisis Support-Defensa de Mujeres Women's Foundation of California OPPOSITION : (Verified 4/23/13) Apartment Association, California Southern Cities Apartment Association of Orange County East Bay Rental Housing Association Nor Cal Rental Property Association ARGUMENTS IN SUPPORT : The National Council of Jewish Women write, "Victims who have escaped human trafficking live in fear that they will be located by their trafficker. Many victims, especially children who have been sex trafficked, are trafficked by people they know or who know their family. This increases the likelihood that their trafficker will be able to find them if they escape. When a victim of human trafficking is found by their former trafficker, it is paramount that the victim be able to relocate quickly in order to protect his or her safety and prevent further victimization. The ability to terminate an apartment lease is an important right enabling a trafficking victim to do so." ARGUMENTS IN OPPOSITION : A coalition of apartment associations argue, "SB 612 permits tenants to substantiate their claim as a victim based on undefined 'documentation' provided by a 'qualified third party' including a 'health practitioner' and other defined 'professionals' purporting to validate the victim's claim. Unlike a court order or police report, unverified 'documentation' will not be easily recognized and will be ripe for abuse and confusion. We believe the documentation from these sources should be in the form of an easily recognizable form declaration under penalty of perjury that clearly identifies the declarant by licensure status and specifically identifies the aggressor, if known." CONTINUED SB 612 Page 6 AL:nl 4/24/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED