BILL ANALYSIS
SB 782
Page 1
SENATE THIRD READING
SB 782 (Yee)
As Amended August 2, 2010
Majority vote
SENATE VOTE :21-18
JUDICIARY 7-2 APPROPRIATIONS 10-2
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|Ayes:|Feuer, Brownley, Evans, |Ayes:|Bradford, Charles |
| |Jones, Monning, Nava, | |Calderon, Coto, Davis, |
| |Huffman | |Hall, Nielsen, Norby, |
| | | |Skinner, Torlakson, |
| | | |Torrico |
|-----+--------------------------+-----+--------------------------|
|Nays:|Tran, Hagman |Nays:|Conway, Miller |
| | | | |
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SUMMARY : Prohibits a landlord from terminating a tenancy based
upon an act or acts of domestic violence, sexual assault, or
stalking against the tenant or tenant's household member, if the
act or acts can be appropriately documented and the perpetrator
is not a tenant of the same dwelling unit as the tenant.
Permits a tenant to change locks of the dwelling unit, or
request the landlord to do so, as specified, if the tenant has a
restraining order against another person based on that other
person's acts of domestic violence, sexual assault, or stalking
against the tenant. Specifically, this bill :
1)Defines a "protected tenant" as a tenant who has obtained a
court order against another person based on acts of domestic
violence, sexual assault, or stalking, or has filed a police
report, as specified, alleging that the protected tenant or a
household member is a victim of domestic violence, sexual
abuse, or stalking.
2)Requires a landlord to change the exterior locks of a
protected tenant's dwelling unit upon written request of the
protected tenant not later than 24 hours after the protected
tenant gives the landlord a copy of a court order or a police
report issued or written within the last 180 days. Provides
that if the landlord fails to change the locks within 24
hours, the protected tenant may change the lock without the
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landlord's permission, as specified.
3)Provides that notwithstanding the prohibition against
unilaterally changing a tenant's locks in Civil Code Section
789.3, if the locks are changed pursuant to the provisions of
this bill, the landlord is not liable to a person excluded
from the dwelling unit.
4)Specifies that a tenant who is excluded from dwelling unit
under this bill remains liable under the lease with all other
tenants of the dwelling unit for rent as provided in the
lease.
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 member of a tenant's household member that constitute
domestic violence, sexual assault, or stalking if both of the
following apply:
a) The act or acts of domestic violence have been
documented by a protective court order based on allegations
of domestic violence, sexual assault, or stalking against
the tenant or a tenant's household member, or by a police
report alleging domestic violence, sexual assault, or
stalking against the tenant or tenant's household member.
Specifies that the court order or police report must have
been issued or written within the last 180 days; and,
b) The person against whom the protection order has been
issued or who was named in the police report is not a
tenant of the same dwelling unit as the tenant or household
member.
6)Notwithstanding the above, a landlord may terminate or decline
to renew a tenancy after the tenant has availed himself or
herself of the protections afforded in this bill if all of the
following apply:
a) The tenant allows the person against whom the protection
order was issued or who was named in the police report to
visit the property;
b) The landlord reasonably believes that the presence of
the person against whom the protection order has been
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issued or who was named in the police report poses a threat
to other tenants, either physically or to their right to
quiet possession, as specified; and,
c) The landlord previously gave at least three days notice
to correct the violation.
7)Provides that notwithstanding any provision of the lease to
the contrary, the landlord shall not be liable to any other
tenants for any action that arises due to the landlord's
compliance with the provisions of this bill.
8)Requires the Judicial Council, on or before January 1, 2012,
to develop a new form or revise an existing form that may be
used by a party to assert in the responsive pleading the
grounds set forth in the eviction provisions of this bill as
an affirmative defense to an unlawful detainer.
FISCAL EFFECT : According to the Assembly Appropriations
analysis, minor absorbable costs to the Judicial Council to
provide the necessary forms for use in defense of an unlawful
detainer action.
COMMENTS : According to the author, this bill will prevent
victims of domestic violence from being unfairly evicted from
their homes based upon the actions of their abusers. According
to the author and supporters, victims of domestic violence
sometimes face the prospect of eviction on the grounds that the
acts of violence against them created a "nuisance" for which a
landlord could seek an unlawful detainer. For example,
neighbors and other tenants may complain of repeated police
calls or of loud noises that may accompany the acts of violence.
Unfortunately, permitting nuisance-based evictions in these
situations means that the domestic violence victim is victimized
twice: first by the abuser, and then by the landlord who evicts
the victim based on the acts of another. This two-year bill is
a carefully crafted compromise that seeks to balance a
complicated set of equities: the right of victims of domestic
violence not to lose their homes due to the actions of others;
the right of other tenants to the quiet enjoyment of their
units; the right of alleged abusers not to be constructively
evicted on the basis of false allegations; and the right of
landlords to evict tenants who are breaking the law or creating
a nuisance.
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In order to challenge an unlawful detainer action under this
bill, the victim would need to present - most likely in his or
her answer to the unlawful detainer - evidence that he or she is
a victim of domestic violence. This evidence can be established
either through possession of a protective court order or a
police report alleging domestic violence, sexual assault, or
stalking against the tenant of a member of the tenant's
household. The court order or police report must have been
issued or written with the past 180 days.
In response to the landlords' concerns that that tenants might
abuse this right by claiming to be victims in order to avoid
eviction on other grounds, the bill makes it quite clear that
the landlord is only restricted from terminating a tenancy if
the termination is "based upon an act or acts against a tenant
that constitute domestic violence . . . sexual assault . . . or
stalking." In other words, if a tenant fails to pay rent or
violates some other condition of the lease, the protection
provided by this bill will not apply even if the tenant has
documentation showing that he or she is a victim of domestic
violence. It is only when the landlord terminates the tenancy
because of problems created by the acts of the abuser - such as
loud noises that disturb other tenants, violence that may
threaten other tenants, or frequent police calls to quell
disturbances - that the victim may invoke the provisions of this
bill.
In addition to the eviction provisions discussed above, this
bill would also help to protect domestic violence and assault
victims by making it easier for them to change the exterior
locks on their dwelling units. Groups who work with domestic
violence victims note that even when victims successfully obtain
a restraining order against an abuser, the abuser may often
violate that order and continue to come to the victim's
dwelling. This bill, therefore, would make it easer for victims
of domestic violence, sexual assault, and stalking to change the
exterior locks on their dwellings. Under this bill a landlord
would, upon written request of the tenant, be required to change
the locks within 24 hours after the tenant gives the landlord
the proper documentation that the tenant is a victim of domestic
violence, sexual assault, or stalking. If the landlord fails to
change the locks within the 24 hour period, then the tenant may
change the locks so long as the locks are of the same quality
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and a copy of the new key is provided to the landlord as soon as
reasonably possible.
The National Housing Law Project (NHLP) believes that this bill
will "prevent victims of domestic violence, sexual assault, and
stalking from being evicted because of the acts of violence
committed against them." NHLP argues that this bill will
encourage women to call police or seek restraining orders
without fear of being evicted. Furthermore, NHLP claims that
the provisions of the bill requiring lock changes will offer
added protection to women who have obtained a restraining order
against a co-tenant. Finally, NHLP points out that a similar
non-eviction provision in the Violence Against Women Act (VAWA)
has been successful in barring the eviction of Section 8 tenants
where the eviction is based on nuisances caused by the acts of
the abuser. According to NHLP, "VAWA has saved numerous victims
from homelessness."
Many of the landlord groups that opposed this bill last year,
including the California Apartment Association, have removed
their opposition to the current version, apparently because they
have been engaged in extensive and fruitful discussions with the
author's office. It appears that the most recent amendments
have addressed the major concerns raised by opponents last year.
It is not clear at the time of this writing whether all of the
landlord groups have removed their opposition to this
substantially amended version.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0005671