BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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  
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            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. 


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          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  

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          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.

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          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."  
           


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          AL:nl  4/24/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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