Amended in Assembly April 20, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 418


Introduced by Assembly Member Chiu

(Principal coauthor: Senator Leno)

February 19, 2015


An act to amend and repeal Section 1946.7 of the Civil Code, relating to tenancy.

LEGISLATIVE COUNSEL’S DIGEST

AB 418, as amended, Chiu. Tenancy: termination: victims of violent crime.

begin delete

(1) Existing

end delete

begin insertExistingend insert law, until January 1, 2016, 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 or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.

begin insert

Existing law authorizes the use of a tenant’s security deposit to compensate a landlord for a tenant’s default in the payment of rent. Existing law provides that existing law governing security deposits applies to these terminations.

end insert

This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.

begin delete

(2) Existing law specifies the conditions required for a landlord to retain some or all of a tenant’s security deposit, based on specified criteria and authorizes the use of the security deposit to compensate a landlord for a tenant’s default in the payment of rent.

end delete
begin delete

This bill would provide that the termination of a tenancy by a victim of crime under the above described provisions does not constitute a default in the payment of rent.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1946.7 of the Civil Code, as amended
2by Section 1 of Chapter 130 of the Statutes of 2013, is amended
3to read:

4

1946.7.  

(a) A tenant may notify the landlord that he or she or
5a household member was a victim of an act that constitutes an act
6of domestic violence as defined in Section 6211 of the Family
7Code, sexual assault as defined in Section 261, 261.5, 262, 286,
8288a, or 289 of the Penal Code, stalking as defined in Section
91708.7, human trafficking as defined in Section 236.1 of the Penal
10Code, or abuse of an elder or a dependent adult as defined in
11Section 15610.07 of the Welfare and Institutions Code, and that
12the tenant intends to terminate the tenancy.

13(b) A notice to terminate a tenancy under this section shall be
14in writing, with one of the following attached to the notice:

15(1) A copy of a temporary restraining order, emergency
16protective order, or protective order lawfully issued pursuant to
17Part 3 (commencing with Section 6240) or Part 4 (commencing
18with Section 6300) of Division 10 of the Family Code, Section
19136.2 of the Penal Code, Section 527.6 of the Code of Civil
20Procedure, or Section 213.5 or 15657.03 of the Welfare and
21Institutions Code that protects the tenant or household member
22from further domestic violence, sexual assault, stalking, human
23trafficking, or abuse of an elder or a dependent adult.

24(2) A copy of a written report by a peace officer employed by
25a state or local law enforcement agency acting in his or her official
P3    1capacity stating that the tenant or household member has filed a
2report alleging that he or she or the household member is a victim
3of domestic violence, sexual assault, stalking, human trafficking,
4or abuse of an elder or a dependent adult.

5(3) (A) Documentation from a qualified third party based on
6information received by that third party while acting in his or her
7professional capacity to indicate that the tenant or household
8member is seeking assistance for physical or mental injuries or
9abuse resulting from an act of domestic violence, sexual assault,
10stalking, human trafficking, elder abuse, or dependent adult abuse.

11(B) The documentation shall contain, in substantially the same
12form, the following:


13

 

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)

  
P4   38

 

39(C) The documentation may be signed by a person who meets
40the requirements for a sexual assault counselor, domestic violence
P5    1counselor, or a human trafficking caseworker only if the
2documentation displays the letterhead of the office, hospital,
3institution, center, or organization, as appropriate, that engages or
4employs, whether financially compensated or not, this counselor
5or caseworker.

6(c) The notice to terminate the tenancy shall be given within
7180 days of the date that any order described in paragraph (1) of
8subdivision (b) was issued, within 180 days of the date that any
9written report described in paragraph (2) of subdivision (b) was
10made, or within the time period described in Section 1946.

11(d) begin delete(1)end deletebegin deleteend deleteIf notice to terminate the tenancy is provided to the
12landlord under this section, the tenant shall be responsible for
13payment of rent for no more than 14 calendar days following the
14giving of the notice, or for any shorter appropriate period as
15described in Section 1946 or the lease or rental agreement. The
16tenant shall be released from any rent payment obligation under
17the lease or rental agreement without penalty. If the premises are
18relet to another party prior to the end of the obligation to pay rent,
19the rent owed under this subdivision shall be prorated.begin insert Existing
20law governing the security deposit shall apply.end insert

begin delete

21(2) A tenancy terminated pursuant to this section shall not
22constitute a default in the payment of rent by the tenant. No
23deduction may be made pursuant to paragraph (1) of subdivision
24(b) of Section 1950.5 by reason of termination under this section.
25Section 1950.5 shall otherwise apply when a tenancy is terminated
26pursuant to this section.

end delete

27(e) Nothing in this section relieves a tenant, other than the tenant
28who is, or who has a household member who is, a victim of
29domestic violence, sexual assault, stalking, human trafficking, or
30abuse of an elder or a dependent adult and members of that tenant’s
31household, from their obligations under the lease or rental
32agreement.

33(f) (1) “Household member,” as used in this section, means a
34member of the tenant’s family who lives in the same household
35as the tenant.

36(2) “Qualified third party,” as used in this section, means a
37health practitioner, domestic violence counselor, as defined in
38Section 1037.1 of the Evidence Code, a sexual assault counselor,
39as defined in Section 1035.2 of the Evidence Code, or a human
P6    1trafficking caseworker, as defined in Section 1038.2 of the
2Evidence Code.

3(3) “Health practitioner,” as used in this section, means a
4physician and surgeon, osteopathic physician and surgeon,
5psychiatrist, psychologist, registered nurse, licensed clinical social
6worker, licensed marriage and family therapist, or licensed
7professional clinical counselor.

8(h) (1) A landlord shall not disclose any information provided
9by a tenant under this section to a third party unless the disclosure
10satisfies any one of the following:

11(A) The tenant consents in writing to the disclosure.

12(B) The disclosure is required by law or order of the court.

13(2) A landlord’s communication to a qualified third party who
14provides documentation under paragraph (3) of subdivision (b) to
15verify the contents of that documentation is not disclosure for
16purposes of this subdivision.

17

SEC. 2.  

Section 1946.7 of the Civil Code, as added by Section
182 of Chapter 130 of the Statutes of 2013, is repealed.



O

    97