BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 612|
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UNFINISHED BUSINESS
Bill No: SB 612
Author: Leno (D)
Amended: 6/12/13
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 4/16/13
AYES: Evans, Walters, Anderson, Corbett, Jackson, Leno, Monning
SENATE FLOOR : 38-0, 5/2/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Walters, Wolk,
Wright, Wyland, Yee
ASSEMBLY FLOOR : 72-0, 7/1/13 - See last page for vote
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
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based on abuse, as specified.
Assembly Amendments add language for a standard form that may be
used for third party declarations and extend, until July 1,
2014, the deadline for the Judicial Council to develop or revise
the form for an affirmative defense to an unlawful detainer
action.
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
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,
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emergency protective order, or a copy of a written report by a
peace officer.
6.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:
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.
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: (a) the tenant
consents in writing to the disclosure; or (b) the disclosure
is required by law or order of the court.
5.Authorizes landlords to contact the qualified third party in
order to verify the legitimacy of statements without violating
existing confidentiality requirements
6.Adds a January 1, 2016 sunset provision in this bill related
to the definition of "qualified third party," to allow for
Legislative review.
7.Extends, until July 1, 2014, the deadline for the Judicial
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Council to develop or revise the above-described form for an
affirmative defense to an unlawful detainer action.
8.Provides for the standard form, to be known as the "Tenant
Statement and Qualified Third Party Statement."
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
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 6/19/13)
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California Partnership to End Domestic Violence (co-source)
National Housing Law Project (co-source)
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
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 : (Verified 6/19/13)
Apartment Association, California Southern Cities
Apartment Association of Orange County
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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."
ASSEMBLY FLOOR : 72-0, 07/01/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Mansoor, Medina,
Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Frazier, Hall, Logue, Maienschein, Olsen,
Wieckowski, Vacancy, Vacancy
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AL:nl 7/2/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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