BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1403|
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THIRD READING
Bill No: SB 1403
Author: Yee (D)
Amended: 8/16/12
Vote: 27 - Urgency
PRIOR SENATE VOTES NOT RELEVANT
SENATE JUDICIARY COMMITTEE : 5-0, 8/15/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SUBJECT : Domestic violence: permanent restraining
orders and elder
abuse orders
SOURCE : Author
DIGEST : This bill extends existing tenant protections to
victims of elder or dependent adult physical abuse. This
bill also adds protective orders to the list of qualifying
documents that a tenant may provide to a landlord to
substantiate early termination of a lease.
ANALYSIS : Existing law defines the rights and duties of
landlord 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. (Civil Code (CIV) Section 1940 et
seq.)
CONTINUED
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Existing law 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. (CIV Section
1951.2; 250 LLC v. Photopoint Corp. (2005) 131 Cal.App.4th
703)
Existing law allows a tenant to terminate his or her
tenancy if the tenant, or a household member, was the
victim of domestic violence, sexual assault, or stalking.
The notice to terminate a tenancy must be in writing, with
one of the following attached: (1) copy of a temporary
restraining order or emergency protective order, as
specified; or (2) copy of a written report by a peace
officer, as specified. (CIV Section 1946.7(a)-(b))
Existing law 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. (CIV Section 1946.7(c))
Existing law 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, or stalking
if the acts of domestic violence, sexual assault, or
stalking have been documented by a temporary restraining
order, emergency protective order, or a copy of a written
report by a peace officer. (Code of Civil Procedure
Section 1161.3(a))
This bill also allows a tenant to terminate his/her tenancy
if the tenant or a household member was the victim of elder
or dependent adult physical abuse.
This bill 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 elder or dependent adult abuse.
This bill adds to the list of documents with which a tenant
may substantiate the need for early termination of a lease
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or rental agreement based upon domestic violence, sexual
assault, or stalking obtains a protective order.
This bill requires the Judicial Council, on or before
January 1, 2014, 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 this section
as an affirmative defense to an unlawful detainer action.
Background
Victims of domestic violence, sexual assault, 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 home also face
challenges in their ability to leave a dangerous
environment if they are currently in a long-term lease.
In response to concerns about the inability for 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 P�rez, Chapter 76, Statutes of 2011)
increased the time period in which a tenant may provide a
notice to terminate tenancy from 60 to 180 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. 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.
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This bill extends these tenant protections to a victim of
elder or dependent adult physical abuse. This bill also
adds protective order to the list of documents with which a
tenant-victim may substantiate the necessity for early
termination of a lease or rental agreement.
Prior Legislation
AB 588 (V. Manuel Perez, Chapter 76, Statutes of 2011); see
Background.
SB 782 (Yee, Chapter 626, Statutes of 2010); see
Background.
AB 2052 (Lieu, Chapter 440, Statutes of 2008); see
Background.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/16/12)
California Partnership to End Domestic Violence
Crime Victims United California
National Housing Law Project
ARGUMENTS IN SUPPORT : According to the author:
Existing law allows victims of certain violent acts to
terminate a tenancy before the end of the tenancy
agreement to allow them to leave a potentially dangerous
environment, however when the list of vulnerable victims
was constructed it left out victims of elder and
dependent adult abuse. The acts these victims have
suffered are consistent with the acts of domestic
violence, sexual assault, or stalking, which are listed
in the existing code.
The list of documentation that is acceptable to end a
tenancy is a temporary restraining order, emergency
protective order, or a report by a peace officer. This
bill will add "protective order" to this list.
In support of this bill, the National Housing Law Project
argues:
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As an example of why SB 1403 is needed, in one case an
elderly woman had been raped by her caretaker but was too
frightened and intimidated to report the incident to
police. A judge granted the woman an elder abuse
restraining order against the caretaker based on other
abusive conduct. Unfortunately, the landlord would not
accept the elder abuse restraining order as sufficient
proof for ending the woman's lease, because this type of
order is not included in Civil Code �Section] 1946.7.
Currently, the code lists only domestic violence
restraining orders, civil harassment restraining orders,
and juvenile restraining orders as acceptable
documentation for ending the lease. This led to
unnecessary stress for the woman, who needed to relocate
for her mental wellbeing and had to retain an attorney to
negotiate with the landlord to end the lease.
By extending housing protections to victims who have
obtained elder abuse restraining orders, SB 1403 would
assist some of the state's most vulnerable victims in
resolving housing matters. In many cases, these victims
may not have a domestic violence restraining order or
other proof currently required under the housing laws,
because an elder abuse restraining order provides more
appropriate relief based on the abuse that these victims
are experiencing. SB 1403 also would ensure that our
housing laws consistently protect abuse victims of all
ages.
RJG:m 8/16/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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