BILL ANALYSIS Ó
SB 612
Page 1
Date of Hearing: June 18, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SB 612 (Leno) - As Amended: June 12, 2013
SENATE VOTE : 38-0
SUBJECT : RESIDENTIAL TENANCY: VICTIMS OF HUMAN TRAFFICKING
KEY ISSUES :
1)SHOULD an existing law that permits VICTIMs of domestic
violence, sexual assault, stalking, AND elder abuse to
terminate a long-term lease in order to escape their abusers
be extended to survivors of human trafficking?
2)should SUCH VICTIMS BE PERMITTED TO SUBSTANTIATE THE NEED FOR
EARLY TERMINATION OF A LEASE BY PROVIDING DOCUMENTATION FROM A
MEDICAL CARE PROFESSIONAL OR COUNSELOR, describing incidents
of abuse or violence AS SPECIFIED, AS AN ALTERNATIVE TO
OBTAINING A COURT ORDER OR POLICE REPORT?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This bill, co-sponsored by the California Partnership to End
Domestic Violence and the National Housing Law Project, seeks to
build upon existing California law by extending to victims of
human trafficking the ability to terminate a residential lease
with documentation of abuse or violence - a protection already
afforded to victims of domestic violence, sexual assault,
stalking, and elder or dependent adult abuse. The bill also
seeks to authorize the use of proposed new documentation, as
specified, with which a tenant may substantiate the need for
early termination of a residential lease based on the above
forms of violence or abuse, as well as human trafficking. Among
other things, the bill requires this documentation to be
completed and signed by the tenant and a qualified third party-a
health practitioner or professional counselor, as
specified-attesting to an incident or incidents of violence or
abuse experienced by the tenant seeking to terminate his or her
lease. This bill also seeks to prohibit a landlord from
SB 612
Page 2
disclosing any information provided by a tenant regarding his or
her notice to terminate tenancy unless required by law or court
order or the tenant consents in writing to the disclosure. This
bill is supported by a wide range of advocates for victims of
domestic violence and human trafficking, tenant advocates, local
government agencies, as well as the California Apartment
Association. The author has taken amendments in response to the
concerns of the bill's only remaining opposition, the East Bay
Rental Association and other apartment associations, but they
continue to oppose the bill at this time. Nevertheless, the
bill enjoys bipartisan support and was approved by the Senate
without receiving a single "No" vote at any stage.
SUMMARY : Extends specified tenant protections to victims of
human trafficking, and expands the type of documentation that a
tenant seeking to end his or her lease early can show to
demonstrate proof of violence or abuse. Specifically, 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,
provided that the tenant gives specified notice accompanied by
supporting documentation of the act constituting an act of
human trafficking.
2)Authorizes, until January 1, 2016, a tenant to 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, by providing
documentation from a qualified third party, based on
information received while acting in his or her professional
capacity, indicating that the tenant or household member is
seeking assistance for physical or mental injuries or abuse as
specified.
3)Defines "qualified third party" as one of the following:
a) A domestic violence counselor, as defined in Section
1037.1 of the Evidence Code.
b) A sexual assault counselor, as defined in Section 1035.2
of the Evidence Code.
c) A human trafficking caseworker, as defined in Section
1038.2 of the Evidence Code.
d) A health practitioner that is a physician and surgeon,
osteopathic physician and surgeon, psychiatrist,
SB 612
Page 3
psychologist, registered nurse, licensed clinical social
worker, licensed marriage and family therapist, or licensed
professional clinical counselor.
4)Provides that the above 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.
5)Prohibits a landlord from disclosing any information provided
by the tenant to a third party regarding the early termination
of a lease based on documented abuse unless the tenant
consents in writing to the disclosure or the disclosure is
required by law or court order.
6)Prohibits a landlord from terminating or failing to renew a
tenancy based upon an act or acts against a tenant or a
tenant's household member that constitute human trafficking,
except as provided.
7)Requires the Judicial Council to develop, by July 1, 2014, a
form that may be used by a party to assert in the responsive
pleading the grounds described above (relating to documented
abuse or violence) as an affirmative defense to an unlawful
detainer action.
EXISTING LAW :
1)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. (Civil Code Sec. 1951.2.)
2)Allows a tenant to notify the landlord that he or she or a
household member was a victim of domestic violence, sexual
assault, stalking, or abuse of an elder or dependent adult,
and that the tenant intends to terminate the tenancy. (Civil
Code Section 1946.7(a).)
3)Requires that the above notice shall be in writing and
attached to one of the following documents:
SB 612
Page 4
a) A copy of a temporary restraining order or emergency
protective order that was lawfully issued and that protects
the tenant or household member from further domestic
violence, sexual assault, stalking, or abuse of an elder or
dependent adult.
b) A copy of a written report by a peace officer employed
by a state or local law enforcement agency stating that the
tenant or household member is a victim of domestic
violence, sexual assault, stalking, or abuse of an elder or
dependent adult. (Civil Code Section 1946.7(b).)
1)Requires that the notice to terminate a tenancy, as described
above, must be given within 180 days of that date that an
order was issued or the peace officer report was made.
Specifies that if the notice is provided as required, the
tenant shall be liable for payment of rent for the 30-day
period following notice and shall thereafter be released from
any rent payment obligation under the rental agreement.
(Civil Code Section 1946.7 (c)-(e).)
2)Prohibits a landlord from terminating or failing to renew a
tenancy based upon an act or acts of domestic violence, sexual
assault, stalking, or abuse of an elder or dependent adult
against a tenant or a tenant's household member, except as
provided. (Code of Civil Procedure Section 1161.3.)
COMMENTS : This bill, co-sponsored by the California Partnership
to End Domestic Violence and the National Housing Law Project,
seeks to build upon existing California law by extending to
victims of human trafficking the ability to terminate a
residential lease with documentation of abuse or violence -- a
protection already afforded to victims of domestic violence,
sexual assault, stalking, and elder or dependent adult abuse.
The bill also seeks to authorize the use of proposed new
documentation, as specified, with which a tenant may
substantiate the need for early termination of a residential
lease based on the above forms of violence or abuse, as well as
human trafficking.
Author's Statement: According to the author:
Current law does not provide survivors of human
trafficking with the ability to break residential
SB 612
Page 5
leases, regardless of their ability to document abuse.
Adding human trafficking victims to this existing
protection will provide an important safety measure
for victims needing to flee violence.
It is not always feasible or advisable for a survivor
of domestic violence or human trafficking to obtain a
restraining order or police report. Survivors of
domestic violence and human trafficking are often
reluctant to involve the court system or law
enforcement out of difficulty navigating the court
system, fear of retaliation or increased violence by
their abusers, and fear of the child welfare system.
Immigrant victims may also fear being reported to
immigration officials for deportation by their
abusers. Even when survivors do not want to involve
the criminal justice system, they are often working
with other service providers to address the abuse and
increase their safety. By expanding the accepted
documentation to include these professionals, more
victims will be able to obtain this safety protection.
Recent legislation to grant certain victims of violence and
abuse special relief from lease obligations. In response to
concerns regarding the inability of victims of domestic violence
to terminate their lease without liability, AB 2052 (Lieu, Ch.
440, Stats. 2008) for the first time 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 may still have
been liable under the lease if the landlord did not agree to
release the tenant from his or her obligations. Subsequently,
AB 588 (V. Manuel Pérez, Ch. 76, Stats. 2011) lengthened the
above time period from 60 to 180 days.
In 2010, SB 782 (Yee, Ch. 626, Stats. 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. Last year's SB 1403 (Yee, Ch. 516, Stats. 2012)
further extended these protections to victims of elder or
dependent adult abuse, and included protective orders among the
appropriate supporting documentation allowed when a victim of
SB 612
Page 6
violence or abuse seeks to terminate a lease before the end of
its term.
This bill seeks to further extend these tenant protections to
victims of human trafficking . Human trafficking is a serious
and growing problem facing law enforcement. According to the
California Department of Justice, local and transnational gangs
are increasingly trafficking in human beings because it is a
low-risk and high-profit crime. Recent data from mid-2010 to
mid-2012 show California's nine regional human trafficking task
forces identified 1,277 victims, initiated 2,552 investigations,
and arrested 1,798 individuals. (CA Department of Justice,
"State of Human Trafficking in California, 2012," p.4.)
Existing law allows victims of domestic violence, sexual
assault, stalking, or elder or dependent adult abuse to break a
rental or lease agreement in order to escape violence and
increase safety for them and their families, provided there is
specified documentation of the violence and certain notice is
given. Existing law also prohibits a landlord from evicting a
tenant if the abuse has been sufficiently documented, as
specified. This bill seeks to extend both of these protections
to victims of human trafficking.
Proponents contend this protection is warranted because of the
fear of recurring abuse and exploitation that victims of human
trafficking face. For example, the National Council of Jewish
Women, in support of the bill, explains:
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.
Asian Pacific Islander Legal Outreach, also in support of the
bill, writes:
SB 612
Page 7
For survivors of domestic violence and human
trafficking, the uncertainty and lack of options
regarding housing may be a key factor in keeping them
in an abusive relationship or environment. Our
clients are often afraid to involve law enforcement or
the court system because of fear of retaliation,
deportation or removal of their children. . . In one
case, our client was forced into prostitution and
forced to bear several children for one of her
traffickers. The housing concerns for her and her
children rendered her unable to escape and leave the
situation for seven years.
Existing procedures and limitations that apply to tenants who
are victims of domestic violence, sexual assault, stalking, and
elder or dependent adult abuse would also apply to tenants who
are victims of human trafficking when they seek to terminate
their rental or lease agreement before the end of its term.
Specifically, the tenant must provide written notice to the
landlord that he or she or a household member was a victim of
human trafficking, as well as documentation of the abuse in the
form of a temporary restraining order, protective order,
emergency protective order, elder or dependent adult abuse
order, written report by a law enforcement agency or officer, or
documentation from a qualified third party. This notice to
terminate the rental agreement must be given within 180 days of
the date the court order, police report, or documentation from a
qualified third party was issued.
If the tenant gives the notice in writing, provides
documentation as required, and gives the notice of termination
of tenancy within the required 180 days, the tenant must pay
rent only for the 30 days following the date notice of
termination to the landlord was given. After that, the tenant
would be released from the obligation to pay rent and be able to
leave the residence before the end of the lease without
liability. It should be noted that victims of abuse or violence
who live in residential rental property pursuant to a
month-to-month lease may already relocate from a property within
a 30-day period simply by giving notice and failing to renew for
the next month. Accordingly, these protections are of effective
use only to those victims who are locked into a long-term lease,
and not in a month-to-month situation-a fact which demonstrates
the relatively narrow applicability of these provisions.
SB 612
Page 8
This bill authorizes supporting documentation of abuse from
qualified third parties as an alternative to a police report or
court order. Under existing law, a tenant's notice to terminate
tenancy must be supported by a police report or court order,
including a temporary restraining order, emergency protective
order or other order, as specified. This bill would
additionally allow a statement from a qualified third party to
accompany a notice to terminate tenancy. The statement would
have to be based on information received while the qualified
third party was acting in his or her professional capacity.
Under this bill, qualified third parties include domestic
violence counselors, sexual assault counselors, human
trafficking caseworkers, and various health practitioners,
including, among others, a physician, surgeon, psychiatrist,
psychologist, registered nurse, or licensed social worker.
Several apartment associations, including the East Bay Rental
Housing Association, opposed the previous version of the bill on
the grounds that unlike a police report or court order, the
qualified third party documentation is "unverified, not easily
recognized, and ripe for abuse and confusion." These opponents
advocated for an easily recognizable form declaration "that
clearly identifies the (third party) declarant by licensure
status and specifically identifies the aggressor, if known."
In response, the author recently amended the bill to provide a
standard form document that may be used for this purpose, or
modified as long as it contains the same information in
substantially the same form, as specified. This documentation
includes a signed statement by the tenant seeking to terminate
the tenancy attesting that he or she has been a victim of abuse
or violence, as specified, and identifying additional
information about the most recent incident and the person or
persons responsible for the acts of abuse or violence. The
documentation also includes a signed statement by the qualified
third party identifying his or her qualified profession, as
specified; licensing information, if applicable; name, address,
and phone number; and attesting that the tenant stated to the
third party that the tenant or a member of his or her household
was a victim of one of the forms of abuse or violence specified
under this bill.
In the event that the qualified third party is not a member of a
professional licensing board (as may be the case with domestic
SB 612
Page 9
violence counselors, sexual assault counselors, or human
trafficking caseworkers), the bill requires the documentation to
display the letterhead of the office, hospital, or other
organization that employs or oversees the counselor or
caseworker.
These amendments appear to address many of the concerns
expressed by the East Bay Rental Housing Association with
respect to providing a form declaration, but they continue to
oppose the bill on other grounds. However, recent amendments
that specifically identify the range of qualified third parties
who may complete the alternative documentation have led the
California Apartment Association (CAA) to now support the bill,
instead of opposing it. CAA writes in support:
CAA understands that medical professionals may be the
first ones to witness the physical domestic abuse and
may be the first to provide assistance. While CAA
continues to advocate that the best way to protect a
victim and any children involved is through a report
to the police or by obtaining a restraining order, CAA
also understands that a victim's fear may hamper his
or her ability or desire to file a public police
report or obtain a public restraining order.
Confidentiality protections. This bill seeks to prohibit a
landlord from disclosing any information provided by a tenant
regarding his or her notice to terminate tenancy unless required
by law or court order or the tenant consents in writing to the
disclosure. This is necessary, according to the author, because
documentation of abuse can include personal, sensitive
information and may jeopardize the safety of victims if
disclosed to the wrong person (e.g. the current address of a
relocated human trafficking victim if not shielded from the
trafficker or the trafficker's associates.) In addition,
victims searching for new housing may be thwarted in their
efforts if current or previous landlords indicate to a potential
landlord that the prospective tenant has a history of being
connected to physical abuse, stalking, or trafficking.
2016 sunset clause allows legislative review of use of the new
documentation. To address concerns raised by opponents that the
qualified third party documentation may be misused by ineligible
tenants seeking only to prematurely terminate a lease without
penalty, the author has recently amended the bill to include a
SB 612
Page 10
January 1, 2016 sunset date. This sunset date will allow the
Legislature, after two years of implementation should this bill
be enacted into law, to review the provisions of this bill
related to qualified third party documentation in order to
ascertain whether there has been any misuse of such
documentation by ineligible tenants or whether other unforeseen
problems have arisen.
OTHER ARGUMENTS IN OPPOSITION : There is continued opposition to
the bill by the East Bay Association and other affiliated
apartment associations who contend that the qualified third
party documentation "lacks assurance of the kind of evidentiary
support that would permit a landlord to evict aggressors who may
remain on the premises" after the tenant who is a victim of
abuse or violence has been granted relief from the lease and has
relocated. In short, these opponents contend that the bill
should go further than it does and ensure that the landlord can
use the court order, police report, or third party documentation
as sufficient proof in an eviction action against the aggressor.
These opponents contend that the landlord's duty to ensure
safety for all tenants on the premises may compel them in many
cases to seek eviction against the person identified as having
committed acts of domestic violence and other abuse, and that
the qualified third party documentation in particular is
insufficient to establish evidentiary proof to justify such an
eviction against the alleged perpetrator unless they subpoena
the victim of abuse, which the opponents wish to avoid doing.
The author, apparently viewing this concern as outside the
stated scope of the bill, has declined to adopt such an
amendment, and to the Committee's knowledge, no specific
language has been offered by the opponents that would address
their concern without eliminating the qualified third party
documentation. The author also notes that the state's largest
apartment association, CAA, does not share this concern and
supports the version of the bill in print. In addition, the
California Partnership to End Domestic Violence, a co-sponsor of
the bill, states it does not share the concern of the opponents
on behalf of victims who purportedly would be subpoenaed in
greater numbers in eviction cases against alleged perpetrators
should this bill be enacted. The Partnership contends that many
of its clients would not necessarily be further victimized by
providing a response to a subpoena in an action against their
abuser, and that it is not aware of many instances of such
subpoenas occurring at present.
SB 612
Page 11
REGISTERED SUPPORT / OPPOSITION :
Support
California Partnership to End Domestic Violence (co-sponsor)
National Housing Law Project (co-sponsor)
ACLU-California
Alameda County Board of Supervisors
Alliance Against Family Violence and Sexual Assault
Asian and Pacific Islander Institute on Domestic Violence
Asian Pacific Islander Legal Outreach
California Apartment Association (CAA)
California Catholic Conference of Bishops
California Commission on Aging
Casa de Esperanza
Center for Community Solutions
Center for Domestic Peace
Center of Excellence on Elder Abuse and Neglect at UC Irvine
City and County of San Francisco
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.
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
SB 612
Page 12
Apartment Association, California Southern Cities
Apartment Association of Orange County
East Bay Rental Housing Association
NOR Cal Rental Property Association
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334