BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 418


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          ASSEMBLY THIRD READING


          AB  
          418 (Chiu)


          As Amended  April 6, 2015


          Majority vote


           ----------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                |
          |----------------+------+--------------------+--------------------|
          |Judiciary       |10-0  |Mark Stone, Wagner, |                    |
          |                |      |Alejo, Chau, Chiu,  |                    |
          |                |      |Cristina Garcia,    |                    |
          |                |      |Gallagher, Holden,  |                    |
          |                |      |Maienschein,        |                    |
          |                |      |O'Donnell           |                    |
           ----------------------------------------------------------------- 


          SUMMARY:  Extends indefinitely existing law that, until January 1,  
          2016, permits survivors of domestic violence, human trafficking,  
          and other crimes to terminate a residential lease in order to  
          escape their abusers.  Specifically, this bill:   


          1)Removes the sunset date of January 1, 2016, for provisions that  
            allow a survivor of domestic violence, sexual assault, stalking,  
            human trafficking, or abuse of an elder or dependent adult to  
            terminate a residential tenancy before the end of the term,  
            substantiated by documentation of abuse or violence, as  
            specified, from a health professional, counselor, or other  
            qualified third party.









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          2)Decreases the survivor's maximum rent liability following a  
            notice to terminate from 30 days to 14 days.


          3)Clarifies that a tenancy terminated under these provisions shall  
            not constitute a default in the payment of rent by the tenant  
            and no deduction may be made from the tenant's security deposit  
            to compensate a landlord for default in the payment of rent by  
            reason of a termination under this section.  Further clarifies  
            that existing law on security deposits shall otherwise apply  
            when a tenancy is terminated under this bill.


          FISCAL EFFECT:  None


          COMMENTS:  This bill, co-sponsored by the California Partnership  
          to End Domestic Violence, Western Center on Law and Poverty, and  
          the National Housing Law Project, seeks to remove the sunset date  
          for existing California law that, until January 1, 2016, gives  
          survivors of human trafficking, domestic violence, sexual assault,  
          stalking, and elder or dependent adult abuse the ability to  
          terminate a residential lease with documentation of abuse or  
          violence.  This bill also would lower, from 30 days to 14 days,  
          the number of days that the survivor would be liable for rent  
          after giving notice to terminate the tenancy under these  
          provisions.  According to the Western Center on Law and Poverty,  
          these changes "will make the ability to terminate far more  
          effective in allowing victims to escape abusive relationships.  To  
          the extent that victims will have the financial resources to move  
          rather than stay, they may be of benefit to landlords and  
          neighbors who might otherwise be in proximity to further abusive  
          acts."


          Background of previous legislation establishing protections for  
          victims of abuse.  In recent years, the Legislature has recognized  
          the importance of enabling victims of domestic violence and other  








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          kinds of abuse to terminate a residential lease without liability  
          in order to escape their abusers.  This bill is the latest in a  
          number of previous successful efforts to further this important  
          policy goal.  In 2008, the Legislature passed AB 2052 (Lieu),  
          Chapter 440, Statutes of 2008, which 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 he or  
          she is a victim of domestic violence or stalking.  Subsequently,  
          AB 588 (V. Manuel Pérez), Chapter 76, Statutes of. 2011,  
          lengthened the time period from 60 days to 180 days.  The  
          Legislature later passed SB 782 (Yee), Chapter 626, Statutes 2010,  
          and SB 1403 (Yee), Chapter 516, Statutes 2012, which extended  
          these protections to victims of domestic violence, sexual assault,  
          stalking, and elder or dependent adult abuse, and included  
          protective orders among the acceptable supportive documentation.   
          SB 612 (Leno), Chapter 130, Statutes of 2013, later extended these  
          protections to victims of human trafficking and authorized  
          documentation by a qualified third party professional to establish  
          that the tenant was a victim of abuse for the purpose of  
          terminating the tenancy.  SB 612 also established confidentiality  
          protections for the documentation, and established a sunset date  
          of January 1, 2016 for all of these provisions.


          Summary of existing procedures for termination of tenancy set to  
          expire at the end of this year.  To help survivors of abuse get  
          away from their abusers, existing law permits tenants who are  
          victims of domestic violence, human trafficking, sexual assault,  
          stalking, or elder or dependent adult abuse 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 one  
          of these types of abuse 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, based on information  
          received while the qualified third party was acting in his or her  








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          professional capacity.


          Existing law provides for a standard form document that may be  
          used for this purpose, or modified as long as it contains  
          substantially the same information.  This documentation must  
          include 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 must include a signed statement by the qualified third party  
          identifying his or her qualified profession, as specified;  
          licensing information, if applicable; 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 specified forms of  
          abuse or violence.  Under existing law, qualified third parties  
          include domestic violence counselors, sexual assault counselors,  
          human trafficking caseworkers, and various health practitioners,  
          such as physicians, psychiatrists, and nurses.


          Existing law requires the notice to terminate the rental agreement  
          to 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 provides documentation as required and gives the  
          proper notice of termination within the required 180 days, he or  
          she must pay rent only for the 30 days following the date notice  
          of termination to the landlord was given.  After that, the tenant  
          is released from the obligation to pay rent and may vacate the  
          residence without further liability.


          Existing law also prohibits 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.  Confidentiality is  
          necessary because documentation of abuse can include personal,  
          sensitive information and may jeopardize the safety of victims if  








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          disclosed to the wrong person (for example, the current address of  
          a relocated human trafficking victim if not shielded from the  
          trafficker or the trafficker's associates).


          The provisions described above are all set to expire on January 1,  
          2016.  The purpose of the sunset date was to allow the Legislature  
          to review the law in order to ascertain whether there has been any  
          misuse of qualified third-party documentation by ineligible  
          tenants or whether other unforeseen problems have arisen.   
          According to the author and sponsor, there are no reported issues  
          of alleged fraud pertaining to the third party documentation and  
          they are not aware of any unforeseen problems that have arisen  
          since SB 612 was enacted in 2013.  Proponents note that the  
          federal Violence Against Women Act (VAWA) has allowed the same  
          third party documentation option for over a decade, and they  
          contend that landlords and housing authorities have generally not  
          had a problem with this form of verification under VAWA, and in  
          fact, some landlords actually request it as an additional way to  
          document or corroborate instances of abuse.  Accordingly, this  
          bill would remove the sunset date from current law in order to  
          establish these provisions indefinitely.


          After a notice to terminate is given, this bill lowers the  
          liability for rent from 30 days to 14 days.  As previously  
          described, existing law requires a survivor of abuse to pay rent  
          for 30 days after giving notice of termination to the landlord, as  
          long as the tenant provides required documentation and gives the  
          proper notice of termination within the prescribed statutory  
          period of 180 days.  This bill would decrease the period of time,  
          from 30 days to 14 days, that the survivor of abuse is liable for  
          the rent after giving notice to terminate the tenancy under these  
          provisions.  


          According to the author, reducing additional rent obligations will  
          help more survivors find safe and decent replacement housing -  
          something that is crucial to combatting homelessness among  








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          survivors.  According to data from the National Sexual Resource  
          Violence Center, 52% of all sexual assaults occur where the  
          survivors live, and nearly 80% of sexual assault survivors living  
          in public housing wanted to relocate because the perpetrator was  
          nearby, but could not due to a lack of funds and housing options.   
          In a 2006 report by the United States Conference of Mayors, 44% of  
          the cities surveyed identified domestic violence as the primary  
          cause of homelessness.


          Under current law, victims of abuse renting under a month-to-month  
          lease may already relocate from a property within a 30-day period  
          without further liability simply by giving notice and failing to  
          renew for the next month.  Therefore the current 30-day rent  
          liability period primarily benefits those victims who have  
          obligations under a long-term lease, rather than under a  
          month-to-month lease.  It should be noted that by establishing a  
          shorter 14-day period, this bill would potentially benefit all  
          victims of abuse under a lease, whether it be month-to-month or  
          for a longer term.


          Return of security deposits governed by existing law.  Recent  
          amendments to the bill remove provisions requiring an accelerated  
          process for the return of a survivor's security deposit upon  
          termination of the lease or rental agreement.  Instead, the bill  
          simply clarifies that existing security deposit law, Civil Code  
          Section 1950.5, applies when a survivor of abuse terminates a  
          tenancy under these provisions, and that the landlord may not  
          consider such a termination to constitute a default in payment of  
          rent, nor deduct from the survivor's security deposit by reason of  
          a termination of tenancy under these provisions.  With these  
          amendments, the California Apartment Association supports the  
          bill.




          Analysis Prepared by:                                               








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          Anthony Lew / JUD. / (916) 319-2334  FN: 0000090